Statutory Instruments
2006 No. 2814 (C. 95)
mental capacity, ENGLAND
The Mental Capacity Act 2005 (Commencement No.1) Order 2006
Made
20th October 2006
The Secretary of State for Health makes this Order in exercise of the powers conferred upon her by section 68(2)(a) and (3) of the Mental Capacity Act 2005( 1 ):
Citation, application and interpretation
1. —(1) This Order may be cited as the Mental Capacity Act 2005 (Commencement No. 1) Order 2006.
(2) This Order applies in relation to England.
(3) In this Order “the Act” means the Mental Capacity Act 2005 .
Appointed day
2. Subject to Articles 3 and 4, sections 30 to 34 (research) of the Act come into force on 1 April 2007.
3. Sections 30 to 34 come into force on 1 February 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 April 2008 in respect of any research which is carried out as part of a research project which —
(a) began before 1 April 2007; and
(b) was approved before 1 April 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 —
(a) 1 November 2006 for the purposes of enabling the Secretary of State to make arrangements under section 35 of the Act and for enabling local authorities to approve independent mental capacity advocates in accordance with the Mental Capacity Act 2005 (Independent Mental Capacity Advocates)(General) Regulations 2006( 2 );
(b) 1 April 2007 for all other purposes.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of ] State
Department of Health
20th October 2006