The Mental Capacity Act 2005 (Commencement No. 1)(England and Wales) Order 2007

• Citation: S.I. 2007/563
• Sections: 2

Section 1 Citation and application

(1) This Order may be cited as the Mental Capacity Act 2005 (Commencement No. 1) (England and Wales) Order 2007.

(2) Article 2(1), 2(3) and 2(4)(a) and (c) of this Order apply in relation to England and Wales.

(3) Articles 2(2) and 2(4)(b) of this Order apply in relation to England.

(4) In this Order “ the Act ” means the Mental Capacity Act 2005.

Section 2 Appointed day

(1) The following provisions of the Act come into force on 1 April 2007—

(a) sections 42(1), (2), (3), (6) and (7) and 43 (codes of practice); and

(b) section 44 (ill-treatment or neglect).

(2) The following provisions of the Act come into force on 1 April 2007 for purposes relating to the independent mental capacity advocate service —

(a) section 1 (principles);

(b) section 2 (people who lack capacity);

(c) section 3 (inability to make decisions);

(d) section 4 (best interests); and

(e) sections 42(4) and (5) (codes of practice).

(3) The provisions of the Act listed in Article 2(2) also come into force on 1 April 2007 for the purposes of section 44 (ill-treatment or neglect).

(4) Section 64 (interpretation) comes into force on 1 April 2007 for the purposes of —

(a) Article 2(1);

(b) Article 2(2); and

(c) Article 2(3).