MCA 2005 sch 3 pt 6

Law as at 1/5/09

Schedules contents: sch A1,

sch 1: pt 1, pt 2, pt 3, pt 4,

sch 1A,

sch 2,

sch 3: pt 1, pt 2, pt 3, pt 4, pt 5, pt 6,

sch 4: pt 1, pt 2, pt 3, pt 4, pt 5, pt 6, pt 7, pt 8,

sch 5: pt 1, pt 2,

sch 6,

sch 7

All Parts: I, II, III, Schedules

Without commentary: Plain text,




30. A certificate given under Article 38 by an authority in a Convention country other than England and Wales is, unless the contrary is shown, proof of the matters contained in it.

Powers to make further provision as to private international law

31. Her Majesty may by Order in Council confer on the Lord Chancellor, the court or another public authority functions for enabling the Convention to be given effect in England and Wales.

32. (1) Regulations may make provision-

(a) giving further effect to the Convention, or
(b) otherwise about the private international law of England and Wales in relation to the protection of adults.

(2) The regulations may-

(a) confer functions on the court or another public authority;
(b) amend this Schedule;
(c) provide for this Schedule to apply with specified modifications;
(d) make provision about countries other than Convention countries.


33. Nothing in this Schedule applies, and no provision made under paragraph 32 is to apply, to any matter to which the Convention, as a result of Article 4, does not apply.

Regulations and orders

34. A reference in this Schedule to regulations or an order (other than an Order in Council) is to regulations or an order made for the purposes of this Schedule by the Lord Chancellor.


35. The following provisions of this Schedule have effect only if the Convention is in force in accordance with Article 57-

(a) paragraph 8,
(b) paragraph 9,
(c) paragraph 19(2) and (5),
(d) Part 5,
(e) paragraph 30.


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