Mental Capacity Act 2005 (c. 9)

Part 3 E+W Miscellaneous and general

General E+W

64 Interpretation E+W

(1) In this Act—

• “the 1985 Act” means the Enduring Powers of Attorney Act 1985 (c. 29),

• “advance decision” has the meaning given in section 24(1),

• [F1 “authorisation under Schedule A1”means either—

  (a)

  a standard authorisation under that Schedule, or

  (b)

  an urgent authorisation under that Schedule.]

• “the court” means the Court of Protection established by section 45,

• “Court of Protection Rules” has the meaning given in section 51(1),

• “Court of Protection Visitor” has the meaning given in section 61,

• “deputy” has the meaning given in section 16(2)(b),

• “enactment” includes a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

• [F2 “health record” has the same meaning as in the Data Protection Act 2018 (see section 205 of that Act);]

• “the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 (c. 42),

• “independent mental capacity advocate” has the meaning given in section 35(1),

• “lasting power of attorney” has the meaning given in section 9,

• “life-sustaining treatment” has the meaning given in section 4(10),

• “local authority” [F3 , except in [F4 section 35(6A)(a) and] Schedule A1,] means—

  (a)

  the council of a county in England in which there are no district councils,

  (b)

  the council of a district in England,

  (c)

  the council of a county or county borough in Wales,

  (d)

  the council of a London borough,

  (e)

  the Common Council of the City of London, or

  (f)

  the Council of the Isles of Scilly,

• “Mental Health Act” means the Mental Health Act 1983 (c. 20),

• “prescribed”, in relation to regulations made under this Act, means prescribed by those regulations,

• “property” includes any thing in action and any interest in real or personal property,

• “public authority” has the same meaning as in the Human Rights Act 1998,

• “Public Guardian” has the meaning given in section 57,

• “purchaser” and “purchase” have the meaning given in section 205(1) of the Law of Property Act 1925 (c. 20),

• “social services function”[F5 —

  (a)

  in relation to England] has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),

  (b)

  [F6 in relation to Wales, has the meaning given in section 143 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).]

• “treatment” includes a diagnostic or other procedure,

• “trust corporation” has the meaning given in section 68(1) of the Trustee Act 1925 (c. 19), and

• “will” includes codicil.

(2) In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.

(3) In this Act, references to the bankruptcy of an individual include a case where a bankruptcy restrictions order under the Insolvency Act 1986 (c. 45) has effect in respect of him.

[F7 (3A) In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him.]

(4) “Bankruptcy restrictions order” includes an interim bankruptcy restrictions order.

[F8 (4A)   “Debt relief restrictions order” includes an interim debt relief restrictions order.]

[F9 (5) In this Act, references to deprivation of a person's liberty have the same meaning as in Article 5(1) of the Human Rights Convention.

(6) For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not. ]

Textual Amendments

F1 S. 64(1): definition of "authorisation under Schedule A1" inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 10(2); S.I. 2008/745, art. 4(b)

F2 Words in s. 64(1) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 108 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3 Words in s. 64(1) inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 10(3); S.I. 2008/745, art. 4(b)

F4 Words in s. 64(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 135; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 64(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 228(a)

F6 Words in s. 64(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I 2016/413), regs. 2(1), 228(b)

F7 S. 64(3A) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 53(4)(a) (with arts. 5, 6)

F8 S. 64(4A) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 53(4)(b) (with arts. 5, 6)

F9 S. 64(5)(6) inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 10(4); S.I. 2008/745, art. 4(b)

Commencement Information

I1 S. 64 wholly in force at 1.10.2007; s. 64 not in force at Royal Assent see s. 68(1)-(3); s. 64 in force for certain purposes at 1.4.2007 by S.I. 2007/563, art. 2(4); and s. 64 in force for all purposes at 1.10.2007 by S.I. 2007/1897, art. 2(2)(f)