MCA 2005 s61

Law as at 1/5/09

Part II contents: 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61

All Parts: I, II, III, Schedules

Without commentary: Plain text,


Court of Protection Visitors

61.—(1) A Court of Protection Visitor is a person who is appointed by the Lord Chancellor to-

(a) a panel of Special Visitors, or
(b) a panel of General Visitors.

(2) A person is not qualified to be a Special Visitor unless he-

(a) is a registered medical practitioner or appears to the Lord Chancellor to have other suitable qualifications or training, and
(b) appears to the Lord Chancellor to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.

(3) A General Visitor need not have a medical qualification.

(4) A Court of Protection Visitor-

(a) may be appointed for such term and subject to such conditions, and
(b) may be paid such remuneration and allowances,

as the Lord Chancellor may determine.

(5) For the purpose of carrying out his functions under this Act in relation to a person who lacks capacity ("P"), a Court of Protection Visitor may, at all reasonable times, examine and take copies of-

(a) any health record,
(b) any record of, or held by, a local authority and compiled in connection with a social services function, and
(c) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),

so far as the record relates to P.

(6) A Court of Protection Visitor may also for that purpose interview P in private.


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.