Minor drafting error in MCA 2005 corrected
In MCA 2005 s20(11)(a) the word “or” is replaced with “and”.
Extract from Explanatory Notes
Section 51: Amendment to section 20(11) of Mental Capacity Act 2005
243. Section 51 amends section 20(11)(a) of the MCA. It replaces the word "or" with "and". The amendment corrects a drafting error.
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 1/10/07 | Mental Health Act 2007 (Commencement No. 2) Order 2007 | 51 | MCA 2005 s20 (MHA unaffected) |
Resources
Mental Health Act 2007 Explanatory Notes - page 42
INFORMATION
- Aftercare
- Changes made by MHA 2007
- New procedure for renewal of detention
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Approved Mental Health Professional replaces Approved Social Worker
- Supervised Community Treatment replaces Supervised Discharge
- Mental disorder no longer split into separate classifications
- Some exclusions to definition of mental disorder have been removed
- Hospital directions under s45A apply to any mental disorder
- New definition of medical treatment
- Civil partners are treated as if married when determining nearest relative
- Additional safeguards for ECT introduced in new s58A
- Treatment while under SCT is covered by new Part 4A
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- Patients can be transferred between places of safety under s135 and s136
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
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- Minor drafting error in MCA 2005 corrected
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
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