Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Safeguards
The Mental Capacity Act 2005 is amended as follows.
In section 4A (restriction on deprivation of liberty) for subsection (5) substitute—
After section 4B insert—
Before Schedule 1 insert the Schedule AA1 set out in Schedule 1 to this Act.
For section 4B of the Mental Capacity Act 2005 substitute—
After section 21 of the Mental Capacity Act 2005 insert—
Code of practice etc
Section 42 of the Mental Capacity Act 2005 (codes of practice) is amended as follows.
After subsection (1) insert—
After subsection (2) insert—
In subsection (3) after “preparation” insert “ , review ”.
General
The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
Regulations under this section—
may make different provision for different purposes or areas;
may amend, repeal or revoke any provision made by or under an Act passed before this Act or in the same Session.
The power to make regulations under this section is exercisable by statutory instrument.
Regulations under this section that repeal or amend a provision of an Act may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.
Any other regulations under this section are subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 2 makes minor and consequential amendments.
This Act extends to England and Wales only.
This section, and section 5 except subsection (6), come into force on the day this Act is passed.
The other provisions of this Act come into force—
for the purpose only of enabling the exercise of any power to make regulations, on the day this Act is passed;
for all other purposes, on whatever day the Secretary of State appoints by regulations.
Different days may be appointed for different purposes or different areas.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
Regulations under subsection (5) may make different provision for different purposes or different areas.
The power to make regulations under this section is exercisable by statutory instrument.
This Act may be cited as the Mental Capacity (Amendment) Act 2019.
Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005
Minor and consequential amendments
Amendments to the Mental Capacity Act 2005
The Mental Capacity Act 2005 is amended as follows.
Omit—
section 16A;
section 21A and the italic heading before it;
Schedules A1 and 1A.
In section 35(1) (appointment of independent mental capacity advocates), for “available to” to the end substitute
Section 36 (functions of independent mental capacity advocates) is amended as follows.
In subsection (2)(a) leave out “(“P”) so that P” and insert “ or support so that that person ”.
In subsection (2)(c) leave out “P's wishes and feelings” and insert “ the wishes and feelings of the person the advocate has been instructed to represent (“P”) ”.
After subsection (2)(d) insert—.
Section 38 (provision of accommodation by NHS body) is amended as follows.
For subsection (2A) substitute—
In subsection (3), in the opening words, after “arrangements” insert “ mentioned in subsection (1) ”.
Omit subsection (10).
Section 39 (provision of accommodation by local authority) is amended as follows.
For subsection (3A) substitute—
In subsection (4), in the opening words, after “arrangements” insert “ mentioned in subsection (1) ”.
Omit subsection (7).
Omit sections 39A to 39E.
In section 40 (exceptions)—
in subsection (1), for “, 39(4) or (5), 39A(3), 39C(3) or 39D(2)” substitute “ or 39(4) or (5) ”;
omit subsection (2).
Section 42 (codes of practice) is amended as follows.
In subsection (1) for paragraphs (fa) and (fb) substitute—.
In subsection (4) for paragraphs (da) and (db) substitute—.
In section 50 (applications to the Court of Protection) for subsection (1A) substitute—
In section 64 (interpretation), in subsection (1)—
omit the entry relating to authorisation under Schedule A1, and
in the definition of “local authority”, for “Schedule A1” substitute “ Schedule AA1 ”.
Section 65 (rules, regulations etc) is amended as follows.
After subsection (2) insert—
Omit subsections (4A) to (4C).
Amendments to other legislation
Mental Health Act 2007 (c. 12)
In Part 1 of Schedule 9 to the Mental Health Act 2007 (amendments to Mental Capacity Act 2005) omit paragraphs 2, 5(3), 6, 7(3) and (4), 8, 9, 10(2) and (3) and 11.