SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Mental health and mental capacity

5

1

Civil legal services provided in relation to matters arising under—

a

the Mental Health Act 1983;

b

paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;

c

the Mental Capacity Act 2005.

2General exclusions

Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

3

The services described in sub-paragraph (1) do not include services provided in relation to—

a

the creation of lasting powers of attorney under the Mental Capacity Act 2005, or

b

the making of advance decisions under that Act.

4

Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—

a

a lasting power of attorney that has been created, or

b

an advance decision that has been made.