Mental Capacity Act 2005

a person's age or appearance, or

a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.

in relation to a person who lacks capacity, or

where D reasonably thinks that a person lacks capacity,

to understand the information relevant to the decision,

to retain that information,

to use or weigh that information as part of the process of making the decision, or

to communicate his decision (whether by talking, using sign language or any other means).

deciding one way or another, or

failing to make the decision.

the person's age or appearance, or

a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about what might be in his best interests.

whether it is likely that the person will at some time have capacity in relation to the matter in question, and

if it appears likely that he will, when that is likely to be.

the person's past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity),

the beliefs and values that would be likely to influence his decision if he had capacity, and

the other factors that he would be likely to consider if he were able to do so.

anyone named by the person as someone to be consulted on the matter in question or on matters of that kind,

anyone engaged in caring for the person or interested in his welfare,

any donee of a lasting power of attorney granted by the person, and

any deputy appointed for the person by the court,

are exercisable under a lasting power of attorney, or

are exercisable by a person under this Act where he reasonably believes that another person lacks capacity.

of which the person making the determination is aware, and

which it would be reasonable to regard as relevant.

the following provisions of this section, and

section 4B.

give the life-sustaining treatment, or

do the vital act.

before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question, and

had had capacity to consent in relation to the matter, and

had consented to D's doing the act.

the likelihood of P's suffering harm, and

the seriousness of that harm.

uses, or threatens to use, force to secure the doing of an act which P resists, or

restricts P's liberty of movement, whether or not P resists.

a donee of a lasting power of attorney granted by P, or

a deputy appointed for P by the court.

providing life-sustaining treatment, or

doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition,

to pledge P's credit for the purpose of the expenditure, and

to apply money in P's possession for meeting the expenditure.

to reimburse himself out of money in P's possession, or

to be otherwise indemnified by P.

has lawful control of P's money or other property, and

has power to spend money for P's benefit.

P's personal welfare or specified matters concerning P's personal welfare, and

P's property and affairs or specified matters concerning P's property and affairs,

section 10 is complied with,

an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with Schedule 1, and

at the time when P executes the instrument, P has reached 18 and has capacity to execute it.

purports to create a lasting power of attorney, but

does not comply with this section, section 10 or Schedule 1,

the provisions of this Act and, in particular, sections 1 (the principles) and 4 (best interests), and

any conditions or restrictions specified in the instrument.

an individual who has reached 18, or

if the power relates only to P's property and affairs, either such an individual or a trust corporation.

jointly,

jointly and severally, or

jointly in respect of some matters and jointly and severally in respect of others.

prevents the appointment taking effect in his case, but

does not prevent a lasting power of attorney from being created in the case of the other or others.

cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor, but

may itself appoint a person to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 13(6)(a) to (d) which has the effect of terminating the donee's appointment.

the likelihood of P's suffering harm, and

the seriousness of that harm.

uses, or threatens to use, force to secure the doing of an act which P resists, or

restricts P's liberty of movement, whether or not P resists,

does not extend to making such decisions in circumstances other than those where P lacks, or the donee reasonably believes that P lacks, capacity,

is subject to sections 24 to 26 (advance decisions to refuse treatment), and

extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P.

does not authorise the giving or refusing of consent to the carrying out or continuation of life-sustaining treatment, unless the instrument contains express provision to that effect, and

is subject to any conditions or restrictions in the instrument.

on customary occasions to persons (including himself) who are related to or connected with the donor, or

to any charity to whom the donor made or might have been expected to make gifts,

the occasion or anniversary of a birth, a marriage or the formation of a civil partnership, or

any other occasion on which presents are customarily given within families or among friends or associates.

P has executed an instrument with a view to creating a lasting power of attorney, or

a lasting power of attorney is registered as having been conferred by P,

terminates his appointment, and

except in the cases given in subsection (7), revokes the power.

the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made by the Lord Chancellor,

subject to subsections (8) and (9), the death or bankruptcy of the donee or, if the donee is a trust corporation, its winding-up or dissolution,

subject to subsection (11), the dissolution or annulment of a marriage or civil partnership between the donor and the donee,

the lack of capacity of the donee.

the donee is replaced under the terms of the instrument,

he is one of two or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee.

an instrument has been registered under Schedule 1 as a lasting power of attorney, but

a lasting power of attorney was not created,

knows that a lasting power of attorney was not created, or

is aware of circumstances which, if a lasting power of attorney had been created, would have terminated his authority to act as a donee.

the transaction was completed within 12 months of the date on which the instrument was registered, or

the other person makes a statutory declaration, before or within 3 months after the completion of the purchase, that he had no reason at the time of the transaction to doubt that the donee had authority to dispose of the property which was the subject of the transaction.

whether a person has or lacks capacity to make a decision specified in the declaration;

whether a person has or lacks capacity to make decisions on such matters as are described in the declaration;

the lawfulness or otherwise of any act done, or yet to be done, in relation to that person.

P's personal welfare, or

P's property and affairs.

by making an order, make the decision or decisions on P's behalf in relation to the matter or matters, or

appoint a person (a “deputy”) to make decisions on P's behalf in relation to the matter or matters.

a decision by the court is to be preferred to the appointment of a deputy to make a decision, and

the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances.

has behaved, or is behaving, in a way that contravenes the authority conferred on him by the court or is not in P's best interests, or

proposes to behave in a way that would contravene that authority or would not be in P's best interests.

a welfare order includes provision which authorises a person to be deprived of his liberty, and

that person becomes ineligible to be deprived of liberty by this Act,

Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;

“welfare order” means an order under section 16(2)(a).

deciding where P is to live;

deciding what contact, if any, P is to have with any specified persons;

making an order prohibiting a named person from having contact with P;

giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P;

giving a direction that a person responsible for P's health care allow a different person to take over that responsibility.

the control and management of P's property;

the sale, exchange, charging, gift or other disposition of P's property;

the acquisition of property in P's name or on P's behalf;

the carrying on, on P's behalf, of any profession, trade or business;

the taking of a decision which will have the effect of dissolving a partnership of which P is a member;

the carrying out of any contract entered into by P;

the discharge of P's debts and of any of P's obligations, whether legally enforceable or not;

the settlement of any of P's property, whether for P's benefit or for the benefit of others;

the execution for P of a will;

the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise;

the conduct of legal proceedings in P's name or on P's behalf.

an individual who has reached 18, or

as respects powers in relation to property and affairs, an individual who has reached 18 or a trust corporation.

jointly,

jointly and severally, or

jointly in respect of some matters and jointly and severally in respect of others.

in such circumstances, or on the happening of such events, as may be specified by the court;

for such period as may be so specified.

to be reimbursed out of P's property for his reasonable expenses in discharging his functions, and

if the court so directs when appointing him, to remuneration out of P's property for discharging them.

take possession or control of all or any specified part of P's property;

exercise all or any specified powers in respect of it, including such powers of investment as the court may determine.

to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions, and

to submit to the Public Guardian such reports at such times or at such intervals as the court may direct.

to prohibit a named person from having contact with P;

to direct a person responsible for P's health care to allow a different person to take over that responsibility.

the settlement of any of P's property, whether for P's benefit or for the benefit of others,

the execution for P of a will, or

the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise.

the likelihood of P's suffering harm, F3andF3

the seriousness of that harm.

uses, or threatens to use, force to secure the doing of an act which P resists, or

restricts P's liberty of movement, whether or not P resists,

from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or

from a court having jurisdiction under that Act to the Court of Protection.

the President of the Court of Protection;

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).F6

a standard authorisation;

an urgent authorisation.

whether the relevant person meets one or more of the qualifying requirements;

the period during which the standard authorisation is to be in force;

the purpose for which the standard authorisation is given;

the conditions subject to which the standard authorisation is given.

varying or terminating the standard authorisation, or

directing the supervisory body to vary or terminate the standard authorisation.

whether the urgent authorisation should have been given;

the period during which the urgent authorisation is to be in force;

the purpose for which the urgent authorisation is given.

varying or terminating the urgent authorisation, or

directing the managing authority of the relevant hospital or care home to vary or terminate the urgent authorisation.

a person (“P”) has executed or purported to execute an instrument with a view to creating a lasting power of attorney, or

an instrument has been registered as a lasting power of attorney conferred by P.

whether one or more of the requirements for the creation of a lasting power of attorney have been met;

whether the power has been revoked or has otherwise come to an end.

direct that an instrument purporting to create the lasting power of attorney is not to be registered, or

if P lacks capacity to do so, revoke the instrument or the lasting power of attorney.

give any consent or authorisation to act which the donee would have to obtain from P if P had capacity to give it.

give directions to the donee with respect to the rendering by him of reports or accounts and the production of records kept by him for that purpose;

require the donee to supply information or produce documents or things in his possession as donee;

give directions with respect to the remuneration or expenses of the donee;

relieve the donee wholly or partly from any liability which he has or may have incurred on account of a breach of his duties as donee.

at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and

at that time he lacks capacity to consent to the carrying out or continuation of the treatment,

valid, and

applicable to the treatment.

has withdrawn the decision at a time when he had capacity to do so,

has, under a lasting power of attorney created after the advance decision was made, conferred authority on the donee (or, if more than one, any of them) to give or refuse consent to the treatment to which the advance decision relates, or

has done anything else clearly inconsistent with the advance decision remaining his fixed decision.

that treatment is not the treatment specified in the advance decision,

any circumstances specified in the advance decision are absent, or

there are reasonable grounds for believing that circumstances exist which P did not anticipate at the time of the advance decision and which would have affected his decision had he anticipated them.

the decision is verified by a statement by P to the effect that it is to apply to that treatment even if life is at risk, and

the decision and statement comply with subsection (6).

it is in writing,

it is signed by P or by another person in P's presence and by P's direction,

the signature is made or acknowledged by P in the presence of a witness, and

the witness signs it, or acknowledges his signature, in P's presence.

valid, and

applicable to a treatment,

exists;

is valid;

is applicable to a treatment.

providing life-sustaining treatment, or

doing any act he reasonably believes to be necessary to prevent a serious deterioration in P's condition,

consenting to marriage or a civil partnership,

consenting to have sexual relations,

consenting to a decree of divorce being granted on the basis of two years' separation,

consenting to a dissolution order being made in relation to a civil partnership on the basis of two years' separation,

consenting to a child's being placed for adoption by an adoption agency,

consenting to the making of an adoption order,

discharging parental responsibilities in matters not relating to a child's property,

giving a consent under the Human Fertilisation and Embryology Act 1990 (c. 37).

an adoption order within the meaning of the Adoption and Children Act 2002 (c. 38) (including a future adoption order), and

an order under section 84 of that Act (parental responsibility prior to adoption abroad).

to give a patient medical treatment for mental disorder, or

to consent to a patient's being given medical treatment for mental disorder,

as part of a research project which is for the time being approved by the appropriate body for the purposes of this Act in accordance with section 31, and

in accordance with sections 32 and 33.

on or in relation to a person who had capacity to consent to it, but

without his consent.

the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031) and any other regulations replacing those regulations or amending them, and

any other regulations relating to clinical trials and designated by the Secretary of State as clinical trials regulations for the purposes of this section.

in relation to the carrying out of research in England, the Secretary of State, and

in relation to the carrying out of research in Wales, the National Assembly for Wales.

an impairing condition affecting P, or

its treatment.

have the potential to benefit P without imposing on P a burden that is disproportionate to the potential benefit to P, or

be intended to provide knowledge of the causes or treatment of, or of the care of persons affected by, the same or a similar condition.

that the risk to P from taking part in the project is likely to be negligible, and

is conducting an approved research project, and

wishes to carry out research, as part of the project, on or in relation to a person (“P”) who lacks capacity to consent to taking part in the project.

otherwise than in a professional capacity or for remuneration, is engaged in caring for P or is interested in P's welfare, and

is prepared to be consulted by R under this section.

is prepared to be consulted by R under this section, but

has no connection with the project.

for advice as to whether P should take part in the project, and

what, in his opinion, P's wishes and feelings about taking part in the project would be likely to be if P had capacity in relation to the matter.

if P is not already taking part in the project, that he does not take part in it;

if P is taking part in the project, that he is withdrawn from it.

it is also necessary to take action for the purposes of the research as a matter of urgency, but

it is not reasonably practicable to consult under the previous provisions of this section.

he has the agreement of a registered medical practitioner who is not involved in the organisation or conduct of the research project, or

where it is not reasonably practicable in the time available to obtain that agreement, he acts in accordance with a procedure approved by the appropriate body at the time when the research project was approved under section 31.

to which he appears to object (whether by showing signs of resistance or otherwise) except where what is being done is intended to protect him from harm or to reduce or prevent pain or discomfort, or

has consented to take part in a research project begun before the commencement of section 30, but

before the conclusion of the project, loses capacity to consent to continue to take part in it.

the project satisfies prescribed requirements,

any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity, and

the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting him.

make provision about when, for the purposes of the regulations, a project is to be treated as having begun;

include provision similar to any made by section 31, 32 or 33.

that a person may act as an independent mental capacity advocate only in such circumstances, or only subject to such conditions, as may be prescribed;

for the appointment of a person as an independent mental capacity advocate to be subject to approval in accordance with the regulations.

may interview in private the person whom he has been instructed to represent, and

in relation to the provision of the services of independent mental capacity advocates in England, the Secretary of State, and

in relation to the provision of the services of independent mental capacity advocates in Wales, the National Assembly for Wales.

providing support to the person whom he has been instructed to represent (“P”) so that P may participate as fully as possible in any relevant decision;

obtaining and evaluating relevant information;

ascertaining what P's wishes and feelings would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity;

ascertaining what alternative courses of action are available in relation to P;

obtaining a further medical opinion where treatment is proposed and the advocate thinks that one should be obtained.

is proposing to provide, or secure the provision of, serious medical treatment for a person (“P”) who lacks capacity to consent to the treatment, and

is satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.

the Secretary of State, in relation to bodies in England, or

the National Assembly for Wales, in relation to bodies in Wales.

for the provision of accommodation in a hospital or care home for a person (“P”) who lacks capacity to agree to the arrangements, or

for a change in P's accommodation to another hospital or care home,

the accommodation is likely to be provided for a continuous period which is less than the applicable period, or

the arrangements need to be made as a matter of urgency.

did not instruct an independent mental capacity advocate to represent P before making the arrangements because it was satisfied that subsection (3)(a) or (b) applied, but

a health service hospital as defined by F8section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006F8(c. 49), or

an independent hospital as defined by section 2 of the Care Standards Act 2000.

the Secretary of State, in relation to bodies in England, or

the National Assembly for Wales, in relation to bodies in Wales.

in relation to accommodation in a hospital, 28 days, and

in relation to accommodation in a care home, 8 weeks.

for the provision of residential accommodation for a person (“P”) who lacks capacity to agree to the arrangements, or

for a change in P's residential accommodation,

section 21 or 29 of the National Assistance Act 1948 (c. 29), or

section 117 of the Mental Health Act,

the accommodation is likely to be provided for a continuous period of less than 8 weeks, or

the arrangements need to be made as a matter of urgency.

did not instruct an independent mental capacity advocate to represent P before making the arrangements because they were satisfied that subsection (4)(a) or (b) applied, but

subsequently have reason to believe that the accommodation is likely to be provided for a continuous period that will end 8 weeks or more after the day on which accommodation was first provided in accordance with the arrangements,

a person (“P”) becomes subject to Schedule A1, and

the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.

an authorisation under Schedule A1 is in force in relation to a person (“P”),

the appointment of a person as P's representative ends in accordance with regulations made under Part 10 of Schedule A1, and

the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.

an authorisation under Schedule A1 is in force in relation to a person (“P”),

P has a representative (“R”) appointed under Part 10 of Schedule A1, and

R is not being paid under regulations under Part 10 of Schedule A1 for acting as P's representative.

that, without the help of an advocate, P and R would be unable to exercise one or both of the relevant rights;

that P and R have each failed to exercise a relevant right when it would have been reasonable to exercise it;

that P and R are each unlikely to exercise a relevant right when it would be reasonable to exercise it.

the effect of the authorisation;

the purpose of the authorisation;

the duration of the authorisation;

any conditions to which the authorisation is subject;

the reasons why each assessor who carried out an assessment in connection with the request for the authorisation, or in connection with a review of the authorisation, decided that P met the qualifying requirement in question;

the relevant rights;

how to exercise the relevant rights.

to exercise the right to apply to court, if it appears to the advocate that P or R wishes to exercise that right, or

to exercise the right of review, if it appears to the advocate that P or R wishes to exercise that right.

the advocate may make submissions to the supervisory body on the question of whether a qualifying requirement is reviewable;

the advocate may give information, or make submissions, to any assessor carrying out a review assessment.

because of a request by R, or

because the supervisory body had reason to believe one or more of the things in section 39D(5).

expanding the role of independent mental capacity advocates in relation to persons who lack capacity, and

adjusting the obligation to make arrangements imposed by section 35.

prescribe circumstances (different to those set out in sections 37, 38 and 39) in which an independent mental capacity advocate must, or circumstances in which one may, be instructed by a person of a prescribed description to represent a person who lacks capacity, and

include provision similar to any made by section 37, 38, 39 or 40.

for the guidance of persons assessing whether a person has capacity in relation to any matter,

for the guidance of persons acting in connection with the care or treatment of another person (see section 5),

for the guidance of donees of lasting powers of attorney,

for the guidance of deputies appointed by the court,

for the guidance of persons carrying out research in reliance on any provision made by or under this Act (and otherwise with respect to sections 30 to 34),

for the guidance of independent mental capacity advocates,

for the guidance of persons exercising functions under Schedule A1,

for the guidance of representatives appointed under Part 10 of Schedule A1,

with respect to the provisions of sections 24 to 26 (advance decisions and apparent advance decisions), and

with respect to such other matters concerned with this Act as he thinks fit.

as the donee of a lasting power of attorney,

as a deputy appointed by the court,

as a person carrying out research in reliance on any provision made by or under this Act (see sections 30 to 34),

as an independent mental capacity advocate,

in the exercise of functions under Schedule A1,

as a representative appointed under Part 10 of Schedule A1,

in a professional capacity,

for remuneration.

a provision of a code, or

a failure to comply with a code,

the National Assembly for Wales, and

such other persons as he considers appropriate.

a draft of the code has been laid by him before both Houses of Parliament, and

the 40 day period has elapsed without either House resolving not to approve the draft.

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days;

in any other case, the period of 40 days beginning with the day on which it is laid before each House.

has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,

is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or

is a deputy appointed by the court for P.

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

the President of the Court of Protection;

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

the F16Lord Chief JusticeF16, or

the President of the Family Division,

the Vice-Chancellor,

a puisne judge of the High Court,

a circuit judge, or

a district judge.

appoint one of the judges nominated by virtue of subsection (2)(a) to (c) to be President of the Court of Protection, and

appoint another of those judges to be Vice-President of the Court of Protection.

by one of its officers or employees, or

by such other person (other than the Public Guardian or a Court of Protection Visitor) as the authority, or the NHS body, considers appropriate.

any health record,

any record of, or held by, a local authority and compiled in connection with a social services function, and

any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),

by a person who lacks, or is alleged to lack, capacity,

if such a person has not reached 18, by anyone with parental responsibility for him,

by the donor or a donee of a lasting power of attorney to which the application relates,

by a deputy appointed by the court for a person to whom the application relates, or

by a person named in an existing order of the court, if the application relates to the order.

the applicant's connection with the person to whom the application relates,

the reasons for the application,

the benefit to the person to whom the application relates of a proposed order or directions, and

whether the benefit can be achieved in any other way.

as to the manner and form in which proceedings are to be commenced;

as to the persons entitled to be notified of, and be made parties to, the proceedings;

for the allocation, in such circumstances as may be specified, of any specified description of proceedings to a specified judge or to specified descriptions of judges;

for the exercise of the jurisdiction of the court, in such circumstances as may be specified, by its officers or other staff;

for enabling the court to appoint a suitable person (who may, with his consent, be the Official Solicitor) to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate;

for enabling an application to the court to be disposed of without a hearing;

for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate;

for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine who is to be admitted when the court sits in private and to exclude specified persons when it sits in public;

as to what may be received as evidence (whether or not admissible apart from the rules) and the manner in which it is to be presented;

for the enforcement of orders made and directions given in the proceedings.

the Lord Chancellor, and

the Lord Chief Justice.

the President of the Court of Protection;

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).F22

a person exercising the jurisdiction of the court by virtue of rules made under section 51(2)(d),

a district judge, or

a circuit judge,

in relation to a person mentioned in subsection (2)(a), a circuit judge or a district judge;

in relation to a person mentioned in subsection (2)(b), a circuit judge;

in relation to any person mentioned in subsection (2), one of the judges nominated by virtue of section 46(2)(a) to (c).

that, in such cases as may be specified, an appeal from a decision of the court may not be made without permission;

as to the person or persons entitled to grant permission to appeal;

as to any requirements to be satisfied before permission is granted;

as to any considerations to be taken into account in relation to granting or refusing permission to appeal.

scales or rates of fees;

exemptions from and reductions in fees;

remission of fees in whole or in part.

the President of the Court of Protection,

the Vice-President of the Court of Protection, and

the Senior Judge of the Court of Protection.

disallow, or

order the legal or other representatives concerned to meet,

as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

as to the way in which, and funds from which, fees and costs are to be paid;

for charging fees and costs upon the estate of the person to whom the proceedings relate;

for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings.

provide him with such officers and staff, or

enter into such contracts with other persons for the provision (by them or their sub-contractors) of officers, staff or services,

establishing and maintaining a register of lasting powers of attorney,

establishing and maintaining a register of orders appointing deputies,

supervising deputies appointed by the court,

receiving security which the court requires a person to give for the discharge of his functions,

receiving reports from donees of lasting powers of attorney and deputies appointed by the court,

reporting to the court on such matters relating to proceedings under this Act as the court requires,

dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising his powers,

publishing, in any manner the Public Guardian thinks appropriate, any information he thinks appropriate about the discharge of his functions.

conferring on the Public Guardian other functions in connection with this Act;

in connection with the discharge by the Public Guardian of his functions.

the giving of security by deputies appointed by the court and the enforcement and discharge of security so given;

the fees which may be charged by the Public Guardian;

the way in which, and funds from which, such fees are to be paid;

exemptions from and reductions in such fees;

remission of such fees in whole or in part;

the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity.

any health record,

any record of, or held by, a local authority and compiled in connection with a social services function, and

any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),

at least one member who is a judge of the court, and

at least four members who are persons appearing to the Lord Chancellor to have appropriate knowledge or experience of the work of the Public Guardian.

the appointment of members of the Board (and, in particular, the procedures to be followed in connection with appointments);

the selection of one of the members to be the chairman;

the term of office of the chairman and members;

their resignation, suspension or removal;

the procedure of the Board (including quorum);

the validation of proceedings in the event of a vacancy among the members or a defect in the appointment of a member.

the President of the Court of Protection;

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).F25

a panel of Special Visitors, or

a panel of General Visitors.

is a registered medical practitioner or appears to the Lord Chancellor to have other suitable qualifications or training, and

appears to the Lord Chancellor to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.

may be appointed for such term and subject to such conditions, and

may be paid such remuneration and allowances,

any health record,

any record of, or held by, a local authority and compiled in connection with a social services function, and

any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),

is exercisable by statutory instrument;

includes power to make supplementary, incidental, consequential, transitional or saving provision;

includes power to make different provision for different cases.

regulations under section 34 (loss of capacity during research project),

regulations under section 41 (adjusting role of independent mental capacity advocacy service),

regulations under paragraph 32(1)(b) of Schedule 3 (private international law relating to the protection of adults),

an order of the kind mentioned in section 67(6) (consequential amendments of primary legislation), or

an order under section 68 (commencement),

may include supplementary, incidental, consequential, transitional or saving provision;

may make different provision for different cases;

is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and

is subject to annulment in pursuance of a resolution of either House of Parliament.F31

is exercisable by statutory instrument;

includes power to make supplementary, incidental, consequential, transitional or saving provision;

includes power to make different provision for different cases.

regulations under section 34 (loss of capacity during research project),

regulations under section 41 (adjusting role of independent mental capacity advocacy service),

regulations under paragraph 32(1)(b) of Schedule 3 (private international law relating to the protection of adults),

an order of the kind mentioned in section 67(6) (consequential amendments of primary legislation), or

an order under section 68 (commencement),

may include supplementary, incidental, consequential, transitional or saving provision;

may make different provision for different cases;

is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and

is subject to annulment in pursuance of a resolution of either House of Parliament.F31

Part 7 of the Mental Health Act,

the Enduring Powers of Attorney Act 1985 (c. 29).

provide for a provision of this Act which comes into force before another provision of this Act has come into force to have effect, until the other provision has come into force, with specified modifications;

amend, repeal or revoke an enactment, other than one contained in an Act or Measure passed in a Session after the one in which this Act is passed.

the Secretary of State, in relation to England, and

the National Assembly for Wales, in relation to Wales.

paragraph 16(1) of Schedule 1 (evidence of instruments and of registration of lasting powers of attorney),

paragraph 15(3) of Schedule 4 (evidence of instruments and of registration of enduring powers of attorney).