# The Mental Capacity Act 2005 (Appropriate Body) (England) (Amendment) Regulations 2006, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are made under section 30(4) of the Mental Capacity Act 2005 (“the Act”)(c.9) and amend the Mental Capacity Act 2005 (Appropriate Body)(England) Regulations 2006 (S.I 2006/2810) (“the Appropriate Body Regulations”). Those Regulations define ‘appropriate body’ for the purposes of sections 30 to 32 of that Act. Section 30(1) of that Act provides that certain research carried out on or in relation to a person without capacity is unlawful unless it is carried out as part of a project which is approved by an appropriate body and satisfies further requirements specified in the Act.
The Appropriate Body Regulations were to come into force on 1 February 2007 for the purpose of enabling applications for ethical approval of research to be made and determined under the Act and on 1 April 2007 for all other purposes.
Regulation 2 substitutes in the Appropriate Body Regulations new dates for their coming into force. By virtue of these amending Regulations, the Appropriate Body Regulations will now come into force on 1 July 2007 for the purpose of enabling applications for ethical approval to be made and determined and on 1 October 2007 for all other purposes.
A Regulatory Impact Assessment was prepared for the Mental Capacity Act 2005 and a copy has been placed in the library of each House of Parliament. Copies are published on the Department of Health website (www.dh.gov.uk) and can be obtained from Room 604, Wellington House, Waterloo Road, London, SE1 8UG.

---
Source: https://www.legislation.gov.uk/uksi/2006/3474/note (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005-appropriate-body-england-amendment-regulations-2006/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.