2007 No. 856 (W.79) (C.34)
Mental Capacity Act 2005 (Commencement) (Wales) Order 2007
Made
Coming into force
For the purpose of article 3
For the purpose of article 4
For all other purposes
The National Assembly for Wales, in exercise of powers conferred on it by section 68(2) of the Mental Capacity Act 20051 makes the following Order:
Title and interpretation1
1
The title of this Order is the Mental Capacity Act 2005 (Commencement) (Wales) Order 2007.
2
This Order applies to Wales.
3
In this Order “the Act” (“y Ddeddf”) means the Mental Capacity Act 2005.
Commencement
2
Subject to Articles 3 and 4, sections 30 to 34 (research) of the Act come into force on 1 October 2007.
3
Sections 30 to 34 of the Act come into force on 1 July 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 October 2008 in respect of any research which is carried out as part of a research project which —
a
begins before 1 October 2007; and
b
is approved before 1 October 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 1 October 2007.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19982
(This note is not part of the Order)