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In force since 2019-05-16, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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3 provisions
Title and introductory text
Mental Capacity (Amendment) Act 2019
2019 c. 18
An Act to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent; and for connected purposes.
[16th May 2019]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change5 Consequential provision etc
(1) The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
(2) Regulations under this section—
(a) may make different provision for different purposes or areas;
(b) may amend, repeal or revoke any provision made by or under an Act passed before this Act or in the same Session.
(3) The power to make regulations under this section is exercisable by statutory instrument.
(4) Regulations under this section that repeal or amend a provision of an Act may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.
(5) Any other regulations under this section are subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Schedule 2 makes minor and consequential amendments.
Propose a change6 Extent, commencement and short title
(1) This Act extends to England and Wales only.
(2) This section, and section 5 except subsection (6), come into force on the day this Act is passed.
(3) The other provisions of this Act come into force—
(a) for the purpose only of enabling the exercise of any power to make regulations, on the day this Act is passed;
(b) for all other purposes, on whatever day the Secretary of State appoints by regulations.
(4) Different days may be appointed for different purposes or different areas.
(5) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
(6) Regulations under subsection (5) may make different provision for different purposes or different areas.
(7) The power to make regulations under this section is exercisable by statutory instrument.
(8) This Act may be cited as the Mental Capacity (Amendment) Act 2019.
Propose a change