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About the Mental Capacity Act 2005

  • Last modified date:
    14 November 2007

Summary of the Act

This summary provides key information about the new Act and sets out some of the changes that have occured as a result of it coming into effect. 

Timetable for implementation

The Mental Capacity Act will be implemented in 2007. The Department of Constitutional Affairs (now Ministry of Justice) announced on 18 December 2006 that parts of the Act would be implemented in April 2007 and parts in October 2007.

The Department of Health introduced the Independent Mental Capacity Advocate (IMCA) service on 1 April 2007. Other essential parts of the Act - such as the principles, assessing capacity and determining best interests - were introduced at the same time, solely for the purpose of supporting the IMCA service.

The MCA Code of Practice was published on 23 April 2007. This document sets out good practice in caring for those in need and covers an extensive range of different roles, circumstances and decisions that might need to be taken. It forms the foundation of training materials for health and social care workers, the Office of the Public Guardian staff and legal and financial advisors.

The criminal offence of ill treatment or wilful neglect of a person lacking capacity was also introduced from April 2007.

The other parts of the Act will be implemented in October 2007.

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