# The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007, Paragraph 28: Care Homes Regulations 2001


(1) The Care Homes Regulations 2001 are amended in accordance with this paragraph.
(2) In regulation 2 (interpretation), in paragraph (1), in the appropriate alphabetical position, insert—
(a) “ “the 2005 Act” means the Mental Capacity Act 2005 (c.9);” and
(b) “ “lacks capacity” means lacks capacity within the meaning of the 2005 Act;”.
(3) In regulation 13 (further requirements as to health and welfare), for paragraph (7) substitute—
“(7) The registered person shall ensure that no service user is subject to physical restraint unless—
(a) restraint of the kind employed is the only practicable means of securing the welfare of that or any other service user and there are exceptional circumstances; or
(b) in the case of a person who lacks capacity in relation to the matter in question, the act meets the conditions of section 6 of the 2005 Act.”.

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Source: https://www.legislation.gov.uk/uksi/2007/1898/schedule/1/paragraph/28 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005-transitional-and-consequential-provisions-order-2007/schedule-1/paragraph-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.