No. S 105
Mental Capacity Act 2008
Mental Capacity Regulations 2010
In exercise of the powers conferred by sections 31(3) and (4) and 46 of the Mental Capacity Act 2008, the Minister for Community Development, Youth and Sports hereby makes the following Regulations:
1. These Regulations may be cited as the Mental Capacity Regulations 2010 and shall come into operation on 1st March 2010.
2. In these Regulations —
“care facility” means any day centre and home for the disabled and the aged, and any welfare, nursing, rehabilitation and convalescent home;
“family member”, in relation to a person, means —
a spouse of the person;
a child of the person, including an adopted child and a step-child;
a father or mother of the person;
a father-in-law or mother-in-law of the person;
a brother or sister of the person; or
any other individual who is related by blood or marriage and who is living in the same household as the person;
“LPA Certificate”, in relation to an instrument made with a view to creating a lasting power of attorney, means the certificate which is required to be included in the instrument by virtue of regulation 2(1)(e) of the First Schedule to the Act;
“named person”, in relation to an instrument made with a view to creating a lasting power of attorney, means a person who is named in the instrument as being a person to be notified of any application for the registration of the instrument;
“prescribed information”, in relation to any instrument intended to create a lasting power of attorney, means the information contained in the prescribed form used for the instrument which appears under the heading “Prescribed Information” ;
“Visitor” means a member of the Board of Visitors appointed under section 35 of the Act.
3. In these Regulations, any reference to a form in the case of a form set out in the First to Sixth Schedules, is to be regarded as also including —
a form to the same effect but which differs in an immaterial respect in form or mode of expression; or
a form to the same effect but with such variations as the circumstances may require or the court or the Public Guardian may approve.
[MCYS 76-83-01D; AG/LEG/SL/177A/2009/3 Vol. 2]