Mental Capacity Act 2005

64Interpretation

This section has no associated Explanatory Notes

(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),

  • “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)),

  • “health record” has the meaning given in section 68 of the Data Protection Act 1998 (c. 29) (as read with section 69 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” 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” has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),

  • “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.

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