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Public law questions - Essay Example

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1.a. The Act was enacted so as introduce new provisions in respect of persons who lack capacity in respect of making particular decisions and maximizing their ability so as to make decisions as well as participation in respect of decision making. Further, a superior court of record known as the Court of Protection established instead of the office of Supreme Court…
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Download file to see previous pages Further, there are provisions which deal with problems that people may have in respect of a specific issue. The objective of the Act is uphold the principle of best interest for an individual. In addition the Court of Protection would help in complicated positions. The Independent Mental Capacity Advocate (IMCA) service will help persons who do not have any close support network. Further, the Act provides for criminal offence if a person is willfully neglecting someone who lacks capacity. The general application of the Act would be for people over the age of 16 years, however, it may apply to people who are younger. b. There are three parts to the Act. c. There are nine schedules to the Act. d. There are 69 sections in the Act. e. In respect of the Act, except for section 30-41 came into force by way of section 68. By virtue of Mental Capacity Act 2005 (Commencement) (Wales) Order 2007 and subject to Articles 3 and 4, sections 30 to 34 (research) of the Act came into force on 1 October 2007. By way of The Mental Capacity Act 2005 (Commencement No. ...
t listed in Article 2(2) also came into force on 1 April 2007 for the purposes of section 44 (ill-treatment or neglect).Section 64 (interpretation) came into force on 1 April 2007 for the purposes of Article 2(1);Article 2(2); and Article 2(3). By way of The Mental Capacity Act 2005 (Commencement No. 2) Order 2007 the following provision came into force on 1 October 2007—sections 5 to 29;sections 45 to 63;sections 65 to 69; and Schedules 1 to 7. The following provisions of the Act, which had already been commenced for limited purposes, came into force on 1 October 2007 for all purposes: section 1 (principles);section 2 (people who lack capacity);section 3 (inability to make decisions);section 4 (best interests);sections 42(4) and (5) (codes of practice); and section 64 (interpretation). f. There have been changes to the Act, which is visible in the annotations. Such changes have been brought about by way of the Mental Health Act 2007. g. There are 19 statutory instruments in respect of the Act which include statutory instruments of Wales. There are 11 statutory instruments in respect of UK. h. The Code of Practice was issued by the Lord Chancellor on 23rd April 2007. The Code of Practice holds directions in respect of deficiency of liberty safeguards. The particular intention behind the code was guide professional who dealt with administering and providing such safeguards and is under a duty to pay heed to the Code. Further, the intent has been information to be provided by virtue of the Code to people who are or might be deprived of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully. i. The Explanatory Notes of Mental Capacity Act were given Royal Assent on ...Download file to see next pagesRead More
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