Mental Capacity Act 2005 (Commencement) (Wales) Order 2007

Made: 13 March 2007

Coming into force

The National Assembly for Wales, in exercise of powers conferred on it by section 68(2) of the Mental Capacity Act 2005[^f00001] makes the following Order:

Title and interpretation

1

• (1) The title of this Order is the Mental Capacity Act 2005 (Commencement) (Wales) Order 2007.

• (2) This Order applies to Wales.

• (3) In this Order “the Act” (“y Ddeddf”) means the Mental Capacity Act 2005.

Commencement

2

Subject to Articles 3 and 4, sections 30 to 34 (research) of the Act come into force on 1 October 2007.

3

Sections 30 to 34 of the Act come into force on 1 July 2007 for the purpose of enabling applications for approval in relation to research to be made to, and determined by, an appropriate body.

4

Sections 30 to 34 of the Act come into force on 1 October 2008 in respect of any research which is carried out as part of a research project which —

• (a) begins before 1 October 2007; and

• (b) is approved before 1 October 2007 by a committee established to advise on, or on matters which include, the ethics of research in relation to people who lack capacity to consent to it.

5

Sections 35 to 41 (independent mental capacity advocate service) of the Act come into force on 1 October 2007.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00002]

D. Elis-Thomas — The Presiding Officer of the National Assembly — 13 March 2007

Explanatory note

(This note is not part of the Order)

1 This Order commences sections 30 to 41 of the Mental Capacity Act 2005 (c. 9) (“the Act”) in relation to Wales.

2 Article 2 brings sections 30 to 34 of the Act into force on 1 October 2007 in respect of any research carried out as part of a project begun on or after 1 October 2007.

3 Article 3 brings sections 30 to 34 into force on 1 July 2007 for the purpose of enabling research applications to be made to, and determined by, an appropriate body.

4 Article 4 provides that where a research project begins before 1 October 2007 and is approved before that date, sections 30 to 34 do not come into force until 1 October 2008.

5 Article 5 brings sections 35 to 41 into force on 1 October 2007.

Footnotes

[^f00001]: 2005 c. 9.

[^f00002]: 1998 c. 38.