Mental Capacity Act 2005 - wikipedia Mental Capacity Act 2005 See also : Mental capacity in England and Wales The Mental Capacity Act 2005 Parliament of the United Kingdom Long title An Act to make new provision relating to persons who lack capacity ; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name ; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13 January 2000 ; and for connected purposes. Citation 2005 c 9 Territorial extent England and Wales, except that paragraph 16 ( 1 ) of Schedule 1 and paragraph 15 ( 3 ) of Schedule 4 extend to the United Kingdom and, subject to any provision made in Schedule 6, the amendments and repeals made by Schedules 6 and 7 have the same extent as the enactments to which they relate. Dates Royal assent 7 April 2005 Text of statute as originally enacted Revised text of statute as amended The Mental Capacity Act 2005 ( c 9 ) is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. Contents 1 Key features of the Act 1.1 The five statutory principles 1.2 Summary of other key elements of the Act 2 Section 68 - Commencement and extent 3 Timetable of new features 4 Amendments 4.1 UK legislation 5 References 6 Further reading 7 External links Key features of the Act The five statutory principles The five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision - making, as far as they are able to do so. 1. A person must be assumed to have capacity unless it is established that he / she lacks capacity. 2. A person is not to be treated as unable to make a decision unless all practicable steps to help him / her to do so have been taken without success. 3. A person is not to be treated as unable to make a decision merely because he / she makes an unwise decision. 4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his / her best interests. 5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person 's rights and freedom of action. Summary of other key elements of the Act The Act makes provision for people to plan ahead for a time when they may need support. This introduces advanced decisions to refuse treatment. The Act is decision specific in that it deals with difficulties a person may have with a particular issue. The Act upholds the principle of Best Interest for the individual concerned. A Court of Protection will help with difficult decisions. The Office of the Public Guardian ( formerly Public Guardianship Office ), the administrative arm of the Court of Protection, will help the Act work. An Independent Mental Capacity Advocate ( IMCA ) service will provide help for people who have no intimate support network. The Act makes it a criminal offence to willfully neglect someone without capacity. The Act generally applies only to those over the age of 16 years, although may apply to some younger people if it is supposed that their capacity will continue to be impaired into adulthood. Section 68 - Commencement and extent The following orders have been made under this section : The Mental Capacity Act 2005 ( Commencement No. 1 ) Order 2006 ( S.I. 2006 / 2814 ( C. 95 ) ) The Mental Capacity Act 2005 ( Commencement No. 1 ) ( Amendment ) Order 2006 ( S.I. 2006 / 3473 ( C. 133 ) ) The Mental Capacity Act 2005 ( Commencement No. 2 ) Order 2007 ( S.I. 2007 / 1897 ( C. 72 ) ) The Mental Capacity Act 2005 ( Commencement No. 1 ) ( England and Wales ) Order 2007 ( S.I. 2007 / 563 ( C. 24 ) ) Mental Capacity Act 2005 ( Commencement ) ( Wales ) Order 2007 ( S.I. 2007 / 856 ( W. 79 ) ( C. 34 ) ) Timetable of new features The new measures that the Act introduced were : April 2007 A new criminal offence of wilful neglect of a person without capacity A new Independent Mental Capacity Advocacy Service in England A Code of Practice that tells people how to ensure they are following the Act October 2007 Extension of the Independent Mental Capacity Advocacy Service to Wales Lasting Powers of Attorney and deputies A new Court of Protection A new Office of the Public Guardian Amendments In response to the ruling by the European Court of Human Rights in HL v UK ( 2004 ) ( the ' Bournewood ' judgment ) the Act was amended by the Mental Health Act 2007 in July that year. These additions are known as the Deprivation of Liberty Safeguards ( DoLS ), and were implemented in April 2009. These amendments created administrative procedures to ensure the Act 's processes are observed in cases of adults who are, or may be, deprived of their liberty in care homes or hospitals, thus protecting health and social care providers from prosecution under human rights legislation. Key elements of the DoLS are that the person must be provided with a representative and given the right to challenge the deprivation of liberty through the Court of Protection, and that there must be a mechanism for the deprivation of liberty to be reviewed and monitored regularly. The DoLS were introduced in response to the Bournewood case, on which the European Court of Human Rights ruled in October 2004 ( HL v United Kingdom ) that a detention of an incapacitated patient which did not comply with Article 5 of the European Convention on Human Rights had taken place ; in particular, a person who is detained must be told the reasons for the detention and must also, under Article 5 ( 4 ), have the right of speedy access to a court to appeal against the detention. UK legislation Text of the Mental Capacity Act 2005 as in force today ( including any amendments ) within the United Kingdom, from legislation.gov.uk Explanatory notes to the Mental Capacity Act 2005. References Jump up ^ The citation of this Act by this short title is authorised by section 69 of this Act. Jump up ^ The Mental Capacity Act 2005, sections 68 ( 4 ) to ( 6 ) Jump up ^ Mental Capacity Act ( 2005 ) Code of Practice ( 2007 ) London : TSO. Jump up ^ The Mental Capacity Act 2005, section 1 Jump up ^ The Mental Health Act 2007 Jump up ^ Braithwaite, R ( 2013 ). `` DoLS protect care homes, not patients ''. BMJ. 347 : f5595. doi : 10.1136 / bmj. f5595. Jump up ^ `` Factsheet 483 : Deprivation of Liberty Safeguards ( DoLS ) ''. Alzheimer 's Society. Retrieved 23 February 2015. Further reading Atkinson, J. ( 2006 ) Private and Public Protection : Civil Mental Health Legislation, Edinburgh, Dunedin Academic Press External links Department of Health summary Summary from direct.gov Easy Read Summary in Plain English Your statistical guide to the Mental Capacity Act 2005 Factsheet 460 : Mental Capacity Act 2005, Alzheimer 's Society Factsheet 483 : Deprivation of Liberty Safeguards ( DoLS ), Alzheimer 's Society Protecting the Vulnerable ? by Anna Raccoon Cross border incapacity : Will England and Wales find the tin opener ? Schedule 3 to the Mental Capacity Act 2005 Mental health law in the United Kingdom 18th century Madhouses Act 1774 19th century Criminal Lunatics Act 1800 County Asylums Act 1808 Marriage of Lunatics Act 1811 Scottish Madhouses Act 1815 Criminal Lunatics Amendment Act 1815 Irish Lunatic Asylums for the Poor Act 1817 Pauper Lunatics Act 1819 County Asylums Act 1828 Madhouses Act 1828 Chancery Lunatics Property Act 1828 Madhouses Act 1832 County Asylums Act 1845 Lunacy Act 1845 Idiots Act 1886 Lunacy ( Vacating of Seats ) Act 1886 20th century Mental Deficiency Act 1913 Mental Treatment Act 1930 Mental Health Act 1959 Mental Health Act 1983 21st century Mental Capacity Act 2005 Mental Health Act 2007 Mental Health ( Discrimination ) Act 2013 Public bodies Lunacy Commission Board of Control for Lunacy and Mental Deficiency Mental Health Review Tribunal ( England and Wales ) Other Diminished responsibility in English law Fixated Threat Assessment Centre United Kingdom legislation Pre-Parliamentary legislation List of English statutes Charter of Liberties Magna Carta Acts of Parliament by states preceding the Kingdom of Great Britain Parliament of England to 1483 1485 -- 1601 1603 -- 1641 Interregnum ( 1642 -- 1660 ) 1660 -- 1699 1700 -- 1706 Parliament of Scotland to 1706 Acts of Parliament of the Kingdom of Great Britain 1707 -- 1719 1720 -- 1739 1740 -- 1759 1760 -- 1779 1780 -- 1800 Acts of the Parliament of Ireland to 1700 1701 -- 1800 Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland 1801 -- 1819 1820 -- 1839 1840 -- 1859 1860 -- 1879 1880 -- 1899 1900 -- 1919 1920 -- 1939 1940 -- 1959 1960 -- 1979 1980 -- 1999 2000 to date Halsbury 's Statutes Legislation.gov.uk Short titles relating to the European Union 1972 to date Church of England measures List Church of England Assembly ( Powers ) Act 1919 Legislation of devolved institutions Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders - in - Council / Orders in Council Orders - in - Council for Northern Ireland ( 1972 - 2009 ) Orders in Council for Northern Ireland Secondary legislation United Kingdom Statutory Instruments various Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal all others Retrieved from `` https://en.wikipedia.org/w/index.php?title=Mental_Capacity_Act_2005&oldid=798371100 '' Categories : 2005 in England 2005 in Wales Acts of the Parliament of the United Kingdom concerning England and Wales Mental health law in the United Kingdom Welfare in England Welfare in Wales United Kingdom Acts of Parliament 2005 Capacity ( law ) Hidden categories : Use dmy dates from May 2014 Use British English from May 2014 Talk Contents About Wikipedia Add links This page was last edited on 1 September 2017, at 14 : 33. 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Question: when did the mental capacity act came into force
Answer: 2005