When does the Mental Capacity Act come into force?
The Department of Health have released a timetable for implementing the Act. The following information was released by the Department of Health in the Mental Capacity Timetable Addendum.
April 2007
- In April 2007 the new Independent Mental Capacity Advocate service (IMCAs) will become operational in England only.
- The new criminal offence of ill-treatment or wilful neglect in England and Wales.
- Sections 1-4 of the Act (the principles, assessing capacity and determining best interests) which are essential to how IMCAs run will also come into force but only in situations where an IMCA could be involved, and for the criminal offence. Sections 1–4 of the Act will not apply in any other situations until October 2007.
- The Code of Practice for the Act will be available and should be followed by those who must have regard to it in situations where an IMCA could be involved.
October 2007
All other parts of the Act come into force including IMCAs in Wales.
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