{
  "url": "https://openlegislation.uk/mental-capacity-act-2005-transitional-and-consequential-provisions-order-2007/schedule-1/paragraph-27",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005-transitional-and-consequential-provisions-order-2007/schedule-1/paragraph-27.json",
  "legislation": "uksi/2007/1898",
  "legislation_title": "The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005-transitional-and-consequential-provisions-order-2007",
  "path": "schedule/1/paragraph/27",
  "kind": "paragraph",
  "number": "27",
  "heading": "Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001",
  "text": "For regulation 2(2) (services of an intimate nature and prescribed circumstances) of the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001, substitute—\n“(2) Where a service (A) is being delivered to the person cared for, a service of an intimate nature may be provided if—\n(a) during the delivery of service A, the person cared for asks the person delivering that service to provide a service of an intimate nature;\n(b) the person lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to consent to the provision of a service of an intimate nature and it is provided in accordance with the principles of that Act; or\n(c) except where sub-paragraph (b) applies, the person cared for is in a situation in which he is likely to suffer serious personal harm unless a service of an intimate nature is provided to him and the person providing service A reasonably believes that it is necessary to provide a service of an intimate nature because the likelihood of serious personal harm to the person cared for is imminent.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2001/441, to which there are amendments not relevant to this Order."
    }
  ],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2010/807",
      "affecting_title": "The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010"
    },
    {
      "type": "revoked",
      "affecting": "ukcm/2018/9",
      "affecting_title": "Church of England Pensions Measure 2018"
    },
    {
      "type": "revoked",
      "affecting": "uksi/2010/807",
      "affecting_title": "The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2008/2836",
      "affecting_title": "The Allocation and Transfer of Proceedings Order 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/1898/schedule/1/paragraph/27",
    "retrieved_at": "2026-10-29T03:49:42.402388+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}