Department of Health

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The Mental Capacity Act 2005

The Mental Capacity Act 2005 received Royal Assent on 7 April 2005 and was fully implemented on 1 October 2007. Overall, the Act will provide a much clearer legal framework for people who lack capacity and those caring for them by setting out key principles, procedures and safeguards.

What's new

30 September 2009: The Mental Capacity Act - fact sheet for social scientists

The Department has today published a fact sheet to assist social scientists meet the requirements of the Mental Capacity Act when carrying out social science research that includes people who lack capacity.

22 September 2009: Independent Mental Capacity Advocates and the Safeguarding Vulnerable Groups Act 2006.

Regulations that come into force on 12 October 2009 confirm that the activities of Independent Mental Capacity Advocates (IMCAs) are “regulated activity” for the purposes of the Safeguarding Vulnerable Groups Act 2006. IMCAs are required to individually register with the Independent Safeguarding Authority some time after November 2010, and to have an enhanced criminal record certificate from 12 October 2009.

22 September 2009: Extending the availability of direct payments

From November 9 2009 direct payments will be available to people who lack capacity who meet the criteria laid out in regulations and guidance issued earlier this month.

22 September 2009: Updated consent guidance

Last month the DH issued a second edition of its Reference guide to consent for examination or treatment,

24 March 2009: The Mental Capacity Act 2005 resources available for the year 2009 - 2010

This Local Authority Circular sets out the resources available for the year 2009 -2010 for the Mental Capacity Act 2005, including the Deprivation of Liberty Safeguards which come into effect on 1 April 2009. and provisional figures for 2010 - 2011.

19 March 2009: Mental Capacity Act 2005 new resources

This letter sets out the new resources being made available for the health sector for the year 2009/10, for work in relation to the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards which come into effect on 1 April 2009.

About the Mental Capacity Act 2005

Overview of the Act's provisions, timetable for implementation and further information and guidance for organisations, professionals, carers and individuals affected by the Act. A summary of the Act is available to download.

Code of Practice

The Code of Practice for the Mental Capacity Act 2005 was formally issued by the Lord Chancellor on 23 April 2007. You can access the code below in Portable Document Format:

Mental Capacity Act and research

Information about the research provisions of the Mental Capacity Act.

Consent related issues

Information about consent and capacity including advance decisions to refuse treatment.

Implementing the Act

Guidance, funding and other support for the implementation of the Act.

Training materials

Information on training materials on the implications of the Mental Capacity Act in different care settings, and on training for advocacy, and for IMCAs.

Information booklets

A series of information booklets providing introductory information on the Mental Capacity Act is available.

Following the implementation of the Mental Capacity Act on the 1st October 2007 these booklets can now be downloaded from the Office of the Public Guardian website. The Office of the Public Guardian supports the Public Guardian in registering enduring powers of attorney, lasting powers of attorney and supervising court-appointed deputies.

If you would like printed copies of these booklets, please contact the Office of the Public Guardian on 0845 330 2900.

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