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Mental Capacity Act 2005
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Changes to legislation:
Mental Capacity Act 2005, Paragraph 114 is up to date with all changes known to be in force on or before 27 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 Schedule A1 Paragraph 114:
- 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)
This section has no associated Explanatory Notes
[F1114(1)This paragraph applies in a case where—E+W
(a)the best interests requirement appears to be reviewable, but
(b)in accordance with paragraph 111(3), the supervisory body are not required to secure that a best interests review assessment is carried out.
(2)The supervisory body may vary the conditions to which the standard authorisation is subject in such ways (if any) as the supervisory body think are appropriate in the circumstances.]
Textual Amendments
F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )
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