Mental Capacity Act 2005, Section 34 is up to date with all changes known to be in force on or before 03 March 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.
(1)This section applies where a person (“P”)—
(a)has consented to take part in a research project begun before the commencement of section 30, but
(b)before the conclusion of the project, loses capacity to consent to continue to take part in it.
(2)The appropriate authority may by regulations provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—
(a)the project satisfies prescribed requirements,
(b)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
(c)the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting him.
(3)The regulations may, in particular,—
(a)make provision about when, for the purposes of the regulations, a project is to be treated as having begun;
(b)include provision similar to any made by section 31, 32 or 33.
Commencement Information
I1S. 34 wholly in force at 1.10.2008; s. 34 not in force at Royal Assent see s. 68(1)-(3); s. 34 in force for certain purposes at 1.7.2007 and 1.10.2007 and in force at 1.10.2008 in so far as not already in force by S.I. 2006/2814, arts. 2, 3, 4 (as amended by S.I. 2006/3473, art. 2); S.I. 2007/856, arts. 2, 3, 4
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