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Mental Capacity Act 2005

Volume 687: debated on Monday 18 December 2006

Today the Government are announcing their timetable for the introduction during 2007 of the Mental Capacity Act 2005.

In April 2007 the independent mental capacity advocates (IMCA) and some directly related elements of the legislation to support it, the code of practice to provide guidance, and the criminal offence of ill treatment and wilful neglect will be in place. In Wales, the Assembly's Minister for Health and Social Services will very shortly be determining the date of commencement of the IMCA service in the light of this Statement.

From October 2007 the new Court of Protection, Public Guardian and the Office of the Public Guardian will become operational for England and Wales. This will ensure adequate time to train the many civil servants and professionals affected by the Act and the very important changes that it brings. Lasting powers of attorney will also begin operating from this time.