http://www.legislation.gov.uk/uksi/2008/1858/contents/made

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Mental health

Health and social care professionals

Mental disorders and illness

Civil partnership

Approved social workers

King's Printer of Acts of Parliament

2014-11-06

MENTAL CAPACITY, ENGLAND

The Mental Capacity Act 2005 (“the Act”) provides for the deprivation of liberty of people lacking capacity to consent to the arrangements made for their care or treatment, who are receiving care or treatment in care homes and hospitals, where authorisation under section 4A of and Schedule A1 to the Act (“Schedule A1”) exists.

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(2)(d)

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Sch.

para. 55

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 2

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Sch.

para. 85(2)

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(2)(b)

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Sch.

para. 85(3)(a)

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(2)(d)

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Sch.

para. 85(3)(b)

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(2)(d)

The Social Workers Regulations 2018

reg. 44(2)

reg. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(3)(c)

The Social Workers Regulations 2018

reg. 44(3)

reg. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(4)-(8)

The Social Workers Regulations 2018

reg. 44(4)

reg. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Pt. 6 heading

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 118(2)

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 17(1)(a)(i)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 118(3)(a)

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 17(1)(a)(ii)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 118(3)(b)

art. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg 3

The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments -Amendment) Regulations 2009

reg 6

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg 19

The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments -Amendment) Regulations 2009

reg 6

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(2)(e)

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (Commencement No. 1 and Transitional Provisions) Order of Council 2009

art. 3(c)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

reg. 5(2)(d)

The Social Workers (Amendment and Transitional Provision) Regulations 2022

reg. 4

reg. 1(2)

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

PART 1Preliminary

1Citation, commencement and application

2Interpretation

PART 2Eligibility to carry out assessments

3Eligibility – general

4Eligibility to carry out a mental health assessment

5Eligibility to carry out a best interests assessment

6Eligibility to carry out a mental capacity assessment

7Eligibility to carry out an eligibility assessment

8Eligibility to carry out an age assessment

9Eligibility to carry out a no refusals assessment

PART 3Selection of Assessors

10Selection of assessors – relatives

11Selection of assessors – financial interest

12Selection of best interests assessors

PART 4Assessments

13Time frame for assessments

14Time limit for carrying out an assessment to decide whether or not there is an unauthorised deprivation of liberty

15Relevant eligibility information

PART 5Requests for a standard authorisation

16Information to be provided in a request for a standard authorisation

PART 6Supervisory bodies: care homes

Disputes about the Place of Ordinary Residence

17Application and Interpretation of Part 6

18Arrangements where there is a question as to the ordinary residence

19Effect of change in supervisory body following determination of any question about ordinary residence

2008 No. 1858

Mental Capacity, England

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Made9th July 2008

Coming into force3rd November 2008

The Secretary of State for Health makes these Regulations in exercise of the powers conferred by section 65(1) of, and paragraphs 31, 33(4), 47, 70, 129(3), 130 and 183(6) and (7) of Schedule A1 to, the Mental Capacity Act 20051.

A draft of this instrument has been laid before Parliament in accordance with section 65(4B)2 of that Act, and approved by resolution of each House of Parliament.