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Mental Capacity Act 2005
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Changes over time for: Section 27
Changes to legislation:
Mental Capacity Act 2005, Section 27 is up to date with all changes known to be in force on or before 22 December 2024. 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 27:
- 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. 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)
27Family relationships etc.E+W
This section has no associated Explanatory Notes
(1)Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person—
(a)consenting to marriage or a civil partnership,
(b)consenting to have sexual relations,
(c)consenting to a decree of divorce being granted on the basis of two years' separation,
(d)consenting to a dissolution order being made in relation to a civil partnership on the basis of two years' separation,
(e)consenting to a child's being placed for adoption by an adoption agency,
(f)consenting to the making of an adoption order,
(g)discharging parental responsibilities in matters not relating to a child's property,
(h)giving a consent under the Human Fertilisation and Embryology Act 1990 (c. 37).
[F1(i)giving a consent under the Human Fertilisation and Embryology Act 2008.]
F1(2)“Adoption order” means—
(a)an adoption order within the meaning of the Adoption and Children Act 2002 (c. 38) (including a future adoption order), and
(b)an order under section 84 of that Act (parental responsibility prior to adoption abroad).
Textual Amendments
F1S. 27(1)(i) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 40; S.I. 2009/479, art. 6(1)(d) (with transitional provisions in art. 7 Sch. 1)
Modifications etc. (not altering text)
C1S. 27(1)(g) restricted (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 65
C2S. 27(1)(g) excluded (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 33
C3S. 27(1)(g) restricted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by 2010 c. 15, Sch. 17 para. 6F (as inserted by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(h); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii))
C4S. 27(1)(g): power to restrict conferred (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 83, 100(3); S.I. 2020/1182, reg. 3(1)(j); S.I. 2021/373, art. 8(h)
C5S. 27(1)(g) excluded (W.) (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 42
C6S. 27(1)(g) excluded (W.) (1.9.2021) by The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021 (S.I. 2021/403), regs. 1(2), 6
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