SCHEDULE 1Civil legal services
Part 1Services
Mental health and mental capacity
5
(1)
Civil legal services provided in relation to matters arising under—
(a)
the Mental Health Act 1983;
(b)
paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;
(c)
the Mental Capacity Act 2005.
General exclusions
(2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Specific exclusion
(3)
The services described in sub-paragraph (1) do not include services provided in relation to—
(a)
the creation of lasting powers of attorney under the Mental Capacity Act 2005, or
(b)
the making of advance decisions under that Act.
(4)
Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—
(a)
a lasting power of attorney that has been created, or
(b)
an advance decision that has been made.