The Mental Capacity Act governs decision-making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present since birth. The Act received Royal Assent on 7 April 2005 and will come into force during 2007.
The Code of Practice for the Mental Capacity Act was formally issued by the Lord Chancellor on 23 April 2007. It provides guidance and information on how the Act will work on a day to day basis for anyone who works with or cares for people who lack capacity, including family, friends and unpaid carers.
Once the Mental Capacity Act comes into force, certain groups of people will be legally required to have regard to the Code when acting or making decisions on behalf of people who lack capacity. For more information on when the Act comes into force go to Timetable for implementation of the Act.
You can download the Code here, or order a copy from TSO by calling 0870 600 5522 or emailing customerservices@tso.co.uk.
The Mental Capacity Act 2005 (Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian) Regulations 2007 were laid before Parliament on 17 April 2007. There are 48 regulations and 8 Schedules to the regulations. The Schedules contain the two forms for making a Lasting Power of Attorney for Property and Affairs and Personal Welfare. They also contain forms associated with the registration of an LPA and the registration of an EPA after 1 October 2007.
It will not be possible to make or register an LPA until 1 October 2007 although the forms and associated guidance will be available before then, subject to the views of Parliament.
There are also two sets of completion notes for the Lasting Powers of Attorney forms but these are not Regulations laid before Parliament. Further guidance on Lasting Powers of Attorney will be available before 1 October 2007.
The timetable for implementing the Act in 2007 was published in December 2006 and is shown below.
There are two distinct phases: April and October.
If you would like to know more about the implementation of the Act, the following information is available.
Powerpoint presentation
We have produced a powerpoint presentation about the Act for you to use. It provides information in a clear and consistent way and is designed to give practical communications support to a wide range of interested parties and help us to support groups that we are unable to visit on an individual basis.
If you would like a copy of this presentation, please email us with your contact details.
Newsletter
We produce a bi-monthly electronic newsletter which gives updates on the implementation of the Act as well as news of upcoming events and meetings. To subscribe to the newsletter please email us with your contact details.
The Mental Capacity Act 2005 has its basis in the Law Commission Report No 231 on Mental Incapacity (a summary of the recommendations from this report can be viewed on the Law Commission website) that was published in February 1995 after extensive consultation.
The Act was first published as the draft Mental Incapacity Bill in 2003. After the Government published its response to the Joint Scrutiny Committee report it introduced the Mental Capacity Bill into parliament in June 2004.
| House | Stage | Date |
|---|---|---|
| Commons | First Reading | 17 June 2004 |
| Commons | Second Reading | 11 October 2004 |
| Commons | Committee (1st Sitting) | 19 October 2004 (am) |
| Commons | Committee (2st Sitting) | 19 October 2004 (pm) |
| Commons | Committee (3rd Sitting) | 21 October 2004 (am) |
| Commons | Committee (4th Sitting) | 21 October 2004 (pm) |
| Commons | Committee (5th Sitting) | 26 October 2004 (am) |
| Commons | Committee (6th Sitting) | 26 October 2004 (pm) |
| Commons | Committee (7th Sitting) | 28 October 2004 (am) |
| Commons | Committee (8th Sitting) | 28 October 2004 (pm) |
| Commons | Committee (9th Sitting) | 2 November 2004 (am) |
| Commons | Committee (10th Sitting) | 2 November 2004 (pm) |
| Commons | Committee (11th Sitting) | 4 November 2004 (am) |
| Commons | Committee (12th Sitting) | 4 November 2004 (pm) |
| Commons | Report | 14 December 2004 |
| Commons | Third Reading | 14 December 2004 |
| Lords | First Reading | 15 December 2004 |
| Lords | Second Reading | 10 January 2005 |
| Lords | Committee (Day 1) | 25 January 2005 |
| Lords | Committee (Day 2) | 27 January 2005 |
| Lords | Committee (Day 3) - Part 1 Committee (Day 3) - Part 2 |
1
February 2005 1 February 2005 |
| Lords | Committee (Day 4) | 8 February 2005 |
| Lords | Report (day 1) | 15 March 2005 |
| Lords | Report (day 2) | 17 March 2005 |
| Lords | Third Reading | 24 March 2005 |
| Commons | Consideration of Lords Amendments | 5 April 2005 |
| Commons | Royal Assent | 7 April 2005 |