(2) what (a) statutory instruments, (b) departmental circulars and (c) other documents he (i) has issued and (ii) plans to issue in the next 12 months consequential to the provisions of the Mental Capacity Act 2005; and if he will make a statement.
Since the Mental Capacity Act 2005 received Royal Assent we have held a series of public consultations seeking views as we have developed the code of practice and secondary legislation to support the implementation of the Act. In addition to the formal responses to consultation we have on occasion received representations on the Act from members of the public via their Members of Parliament. Since April 2007 we have received 43 such communications asking questions or commenting on the Act’s provisions.
There have been two minor changes to the Mental Capacity Act 2005 to date, both of which were introduced by the Mental Health Act 2007. The first made a minor amendment to section 20(11)(a) of the Mental Capacity Act 2005 to correct a drafting error by replacing the word “or” with “and”. The second amended section 49 of the Act to clarify the occasions when it is not necessary to appoint an Independent Mental Capacity Advocate.
In addition the Mental Health Act 2007 contains provisions that will amend the Mental Capacity Act 2005 to introduce new safeguards to address the issues raised in the European Court of Human Rights judgment on 5 October 2004 in the case of HL v. the United Kingdom.
A number of pieces of secondary legislation that prescribe the detail of how the Act will operate have been laid before Parliament and have come into force as of 1 October 2007. In addition the Office of the Public Guardian has produced a wide range of forms, guidance and other information related to the operation of the Act. The Department’s Mental Capacity Implementation Programme and the Office of the Public Guardian have also regularly informed stakeholders and customers of progress implementing the Act via update newsletters.
I have laid a table in the House Library today providing a list of the main secondary legislation, forms and guidance and newsletters produced by the Department to support the implementation of the Act. Further information may be produced in the next 12 months as required.