Mental Capacity Act 2005

[F1 2 (1) This Schedule applies to arrangements— U.K.

(a) for enabling the care or treatment of a person (the “cared-for person”) described in sub-paragraph (2),

(b) that give rise to a deprivation of the cared-for person's liberty, and

(c) that are not excluded by Part 7.

(2) The cared-for person must be a person who—

(a) is aged 16 or over,

(b) lacks capacity to consent to the arrangements, and

(c) has a mental disorder.

(3) The arrangements may for example be—

(a) for the cared-for person to reside in a particular place;

(b) for the cared-for person to receive care or treatment at a particular place;

(c) for the means and manner of transport for the cared-for person to, from or between particular places.

(4) The arrangements may be ones that are proposed, or that are being carried out.

(5) If they are proposed, references in this Schedule to where or how they are carried out are to whatever is proposed in the arrangements.

(6) If provision to which sub-paragraph (1)(a) and (b) apply and other provision are combined, the “arrangements” for the purposes of this Schedule do not include that other provision.]

Textual Amendments

F1 Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1