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Mental Capacity Act 2005
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- UK Public General Acts
- 2005 c. 9
- Part 3
- General
- Section 68
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Changes to legislation:
Mental Capacity Act 2005, Section 68 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 68:
- s. 4C inserted by 2019 c. 18 s. 1(3)
- s. 21ZA and cross-heading inserted by 2019 c. 18 s. 3
- s. 36(2)(da) inserted by 2019 c. 18 Sch. 2 para. 4(4)
- s. 42(1A) inserted by 2019 c. 18 s. 4(2)
- s. 42(2A)(2B) inserted by 2019 c. 18 s. 4(3)
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4C inserted by 2019 c. 18 s. 1(3)
- s. 21ZA and cross-heading inserted by 2019 c. 18 s. 3
- s. 36(2)(da) inserted by 2019 c. 18 Sch. 2 para. 4(4)
- s. 42(1A) inserted by 2019 c. 18 s. 4(2)
- s. 42(2A)(2B) inserted by 2019 c. 18 s. 4(3)
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
68Commencement and extentE+W
This section has no associated Explanatory Notes
(1)This Act, other than sections 30 to 41, comes into force in accordance with provision made by order by the Lord Chancellor.
(2)Sections 30 to 41 come into force in accordance with provision made by order by—
(a)the Secretary of State, in relation to England, and
(b)the National Assembly for Wales, in relation to Wales.
(3)An order under this section may appoint different days for different provisions and different purposes.
(4)Subject to subsections (5) and (6), this Act extends to England and Wales only.
(5)The following provisions extend to the United Kingdom—
(a)paragraph 16(1) of Schedule 1 (evidence of instruments and of registration of lasting powers of attorney),
(b)paragraph 15(3) of Schedule 4 (evidence of instruments and of registration of enduring powers of attorney).
(6)Subject to any provision made in Schedule 6, the amendments and repeals made by Schedules 6 and 7 have the same extent as the enactments to which they relate.
Subordinate Legislation Made
P1S. 68(1) power partly exercised: 1.4.2007 appointed for specified provisions and purposes by S.I. 2007/563, art. 2
P2S. 68(1) power partly exercised: 1.10.2007 appointed for specified provisions and purposes by S.I. 2007/1897, art. 2
P3S. 68(2) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2007/856, arts. 2-5
P4S. 68(2)(a) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2006/2814, arts. 2-5 (as amended by S.I. 2006/3473, art. 2)
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