- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Welsh Statutory Instruments
MENTAL CAPACITY, WALES
Made
13 March 2007
Coming into force
For the purpose of article 3
1 July 2007
For the purpose of article 4
1 October 2008
For all other purposes
1 October 2007
The National Assembly for Wales, in exercise of powers conferred on it by section 68(2) of the Mental Capacity Act 2005(1) makes the following Order:
1.—(1) The title of this Order is the Mental Capacity Act 2005 (Commencement) (Wales) Order 2007.
(2) This Order applies to Wales.
(3) In this Order “the Act” (“y Ddeddf”) means the Mental Capacity Act 2005.
2. Subject to Articles 3 and 4, sections 30 to 34 (research) of the Act come into force on 1 October 2007.
3. Sections 30 to 34 of the Act come into force on 1 July 2007 for the purpose of enabling applications for approval in relation to research to be made to, and determined by, an appropriate body.
4. Sections 30 to 34 of the Act come into force on 1 October 2008 in respect of any research which is carried out as part of a research project which —
(a)begins before 1 October 2007; and
(b)is approved before 1 October 2007 by a committee established to advise on, or on matters which include, the ethics of research in relation to people who lack capacity to consent to it.
5. Sections 35 to 41 (independent mental capacity advocate service) of the Act come into force on 1 October 2007.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)
D. Elis-Thomas
The Presiding Officer of the National Assembly
13 March 2007
(This note is not part of the Order)
1. This Order commences sections 30 to 41 of the Mental Capacity Act 2005 (c. 9) (“the Act”) in relation to Wales.
2. Article 2 brings sections 30 to 34 of the Act into force on 1 October 2007 in respect of any research carried out as part of a project begun on or after 1 October 2007.
3. Article 3 brings sections 30 to 34 into force on 1 July 2007 for the purpose of enabling research applications to be made to, and determined by, an appropriate body.
4. Article 4 provides that where a research project begins before 1 October 2007 and is approved before that date, sections 30 to 34 do not come into force until 1 October 2008.
5. Article 5 brings sections 35 to 41 into force on 1 October 2007.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: