MCA s64 text: Difference between revisions
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'''Interpretation''' | '''Interpretation''' | ||
(1) In this Act- | 64.—(1) In this Act- | ||
:"the 1985 Act" means the Enduring Powers of Attorney Act 1985 (c. 29), | :"the 1985 Act" means the Enduring Powers of Attorney Act 1985 (c. 29), | ||
:"advance decision" has the meaning given in section 24(1), | :"advance decision" has the meaning given in section 24(1), | ||
:[“authorisation under Schedule A1” means either— | |||
::(a) a standard authorisation under that Schedule, or | |||
::(b) an urgent authorisation under that Schedule.]<ref name="MHA">[[Mental Health Act 2007]] s50; [[Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009]] wef 1/4/09</ref> | |||
:"the court" means the Court of Protection established by section 45, | :"the court" means the Court of Protection established by section 45, | ||
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:"life-sustaining treatment" has the meaning given in section 4(10), | :"life-sustaining treatment" has the meaning given in section 4(10), | ||
:"local authority" means- | :"local authority" [, except in Schedule A1,]<ref name="MHA"/> means- | ||
::(a) the council of a county in England in which there are no district councils, | ::(a) the council of a county in England in which there are no district councils, | ||
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(4) "Bankruptcy restrictions order" includes an interim bankruptcy restrictions order. | (4) "Bankruptcy restrictions order" includes an interim bankruptcy restrictions order. | ||
{{ | [(5) In this Act, references to deprivation of a person’s liberty have the same meaning as in Article 5(1) of the Human Rights Convention. | ||
(6) For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not.]<ref name="MHA"/> | |||
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Latest revision as of 01:00, 6 August 2015
Interpretation
64.—(1) In this Act-
- "the 1985 Act" means the Enduring Powers of Attorney Act 1985 (c. 29),
- "advance decision" has the meaning given in section 24(1),
- [“authorisation under Schedule A1” means either—
- (a) a standard authorisation under that Schedule, or
- (b) an urgent authorisation under that Schedule.][1]
- "the court" means the Court of Protection established by section 45,
- "Court of Protection Rules" has the meaning given in section 51(1),
- "Court of Protection Visitor" has the meaning given in section 61,
- "deputy" has the meaning given in section 16(2)(b),
- "enactment" includes a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),
- "health record" has the meaning given in section 68 of the Data Protection Act 1998 (c. 29) (as read with section 69 of that Act),
- "the Human Rights Convention" has the same meaning as "the Convention" in the Human Rights Act 1998 (c. 42),
- "independent mental capacity advocate" has the meaning given in section 35(1),
- "lasting power of attorney" has the meaning given in section 9,
- "life-sustaining treatment" has the meaning given in section 4(10),
- "local authority" [, except in Schedule A1,][1] means-
- (a) the council of a county in England in which there are no district councils,
- (b) the council of a district in England,
- (c) the council of a county or county borough in Wales,
- (d) the council of a London borough,
- (e) the Common Council of the City of London, or
- (f) the Council of the Isles of Scilly,
- "Mental Health Act" means the Mental Health Act 1983 (c. 20),
- "prescribed", in relation to regulations made under this Act, means prescribed by those regulations,
- "property" includes any thing in action and any interest in real or personal property,
- "public authority" has the same meaning as in the Human Rights Act 1998,
- "Public Guardian" has the meaning given in section 57,
- "purchaser" and "purchase" have the meaning given in section 205(1) of the Law of Property Act 1925 (c. 20),
- "social services function" has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),
- "treatment" includes a diagnostic or other procedure,
- "trust corporation" has the meaning given in section 68(1) of the Trustee Act 1925 (c. 19), and
- "will" includes codicil.
(2) In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.
(3) In this Act, references to the bankruptcy of an individual include a case where a bankruptcy restrictions order under the Insolvency Act 1986 (c. 45) has effect in respect of him.
(4) "Bankruptcy restrictions order" includes an interim bankruptcy restrictions order.
[(5) In this Act, references to deprivation of a person’s liberty have the same meaning as in Article 5(1) of the Human Rights Convention.
(6) For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not.][1]
Amendments