This page summarises the various commencement orders relating to the Mental Capacity Act 2005, showing when each section of the Act came into force and in what circumstances. From 1 October 2007 the Act is fully in force.

For further reading please click on the external links below.

1

• 1 April 2007 England: "for purposes relating to the independent mental capacity advocate service"
• 1 April 2007 E&W: "for the purposes of section 44 (ill-treatment or neglect)"
• 1 October 2007 E&W: Fully in force

2

• 1 April 2007 England: "for purposes relating to the independent mental capacity advocate service"
• 1 April 2007 E&W: "for the purposes of section 44 (ill-treatment or neglect)"
• 1 October 2007 E&W: Fully in force

3

• 1 April 2007 England: "for purposes relating to the independent mental capacity advocate service"
• 1 April 2007 E&W: "for the purposes of section 44 (ill-treatment or neglect)"
• 1 October 2007 E&W: Fully in force

4

• 1 April 2007 England: "for purposes relating to the independent mental capacity advocate service"
• 1 April 2007 E&W: "for the purposes of section 44 (ill-treatment or neglect)"
• 1 October 2007 E&W: Fully in force

5-29

• 1 October 2007 E&W: fully in force

30-34

• 1 July 2007 England and Wales: "for the purpose of enabling applications for approval in relation to research to be made to, and determined by, an appropriate body"
• 1 October 2008 England and Wales: "in respect of any research which is carried out as part of a research project which—

(a) began before 1 October 2007; and

(b) was 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.

• 1 October 2007 England and Wales: fully in force, subject to the above (i.e. in respect of any research carried out as part of a project begun on or after 1 October 2007)

35-41

• 1 November 2006 England: "for the purposes of enabling the Secretary of State to make arrangements under section 35 of the Act and for enabling local authorities to approve independent mental capacity advocates in accordance with the Mental Capacity Act 2005 (Independent Mental Capacity Advocates)(General) Regulations 2006"
• 1 April 2007 England: fully in force
• 1 October 2007 Wales: fully in force

42(1), (2), (3), (6) and (7)

• 1 April 2007 E&W: fully in force

42(4), (5)

• 1 April 2007: England "for purposes relating to the independent mental capacity advocate service"
• 1 April 2007 E&W: "for the purposes of section 44 (ill-treatment or neglect)"
• 1 October 2007 E&W: Fully in force

43

• 1 April 2007 E&W: fully in force

44 (ill-treatment or neglect):

• 1 April 2007 E&W: fully in force

45-63

• 1 October 2007 E&W: fully in force

64 (interpretation) 1 April 2007:

• 1 April 2007 E&W: for the purposes of sections 42(1), (2), (3), (6) and (7), 43 and 44 coming into force
• 1 April 2007 England: for the purposes of s1-4, s42(4),(5) coming into force "for purposes relating to the independent mental capacity advocate service"
• 1 April 2007 E&W: for the purposes of s1-4, s42(4),(5) coming into force "for the purposes of section 44 (ill-treatment or neglect)"
• 1 October 2007 E&W: fully in force

65-69

• 1 October 2007 E&W: fully in force

Sch 1-7

• 1 October 2007 E&W: fully in force

External links

• Statute Law Database - full list of legislation relating to Mental Capacity Act 2005

• Parliamentary statement

• DCA website - Timetable