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This Order is the second commencement order under the Mental Capacity Act 2005 (c.9).
The Mental Capacity Act 2005 (Commencement No. 1) Order (2006/2814) (as amended by SI 2006/3473) brought or brings the following provisions of the Act into force in England as follows-
Article 2(1) of this Order brings sections 42(1), (2), (3), (6) and (7) (codes of practice), 43 (codes of practice: procedure) and 44 (ill-treatment or neglect) of the Act into force in relation to England and Wales on 1 April 2007.
Article 2(2) of this Order brings sections 1 (principles), 2 (people who lack capacity), 3 (inability to make decisions), 4 (best interests), 42(4) (duty to have regard to codes of practice) and 42(5) (relevance of codes of practice to criminal or civil proceedings) of the Act into force on 1 April 2007 for purposes relating to the independent mental capacity advocate service (sections 35 to 41). Article 2(2) applies to England only.
Article 2(3) of this Order brings sections 1 (principles), 2 (people who lack capacity), 3 (inability to make decisions), 4 (best interests), 42(4) (duty to have regard to codes of practice) and 42(5) (relevance of codes of practice to criminal or civil proceedings) of the Act into force on 1 April 2007 for the purposes of section 44 (ill-treatment or neglect). Article 2(3) applies to England and Wales.
Article 2(4) brings section 64 (interpretation) into force on 1 April 2007 for the purposes of Articles 2(1), 2(2) and 2(3). Articles 2(1) and 2(3) apply to England and Wales and Article 2(2) applies to England.
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