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Mental Capacity Act 2005
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Changes to legislation:
Mental Capacity Act 2005, Cross Heading: Regulations 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.
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Changes and effects yet to be applied to Schedule A1 Part 12 Crossheading Regulations:
- 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)
[F1RegulationsE+W
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 )
170(1)This paragraph applies to all regulations under this Schedule, except regulations under paragraph 162, 163, 167 or 183.E+W
(2)It is for the Secretary of State to make such regulations in relation to authorisations under this Schedule which relate to hospitals and care homes situated in England.
(3)It is for the National Assembly for Wales to make such regulations in relation to authorisations under this Schedule which relate to hospitals and care homes situated in Wales.
171E+WIt is for the Secretary of State to make regulations under paragraph 162.
172E+WIt is for the National Assembly for Wales to make regulations under paragraph 163 or 167.
173(1)This paragraph applies to regulations under paragraph 183.E+W
(2)It is for the Secretary of State to make such regulations in relation to cases where a question as to the ordinary residence of a person is to be determined by the Secretary of State.
(3)It is for the National Assembly for Wales to make such regulations in relation to cases where a question as to the ordinary residence of a person is to be determined by the National Assembly.]
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