Paragraph 29 Private and Voluntary Health Care (England) Regulations 2001

in paragraph (1), at the beginning insert—

• ““the 2005 Act” means the Mental Capacity Act 2005 (c.9);”; and

at the end, add—

“(4)

For the purpose of any decision required to be made under these Regulations as to a person’s capacity, lack of capacity shall be interpreted in accordance with the 2005 Act and any reference to a person who lacks capacity shall be construed accordingly.”.

in sub-paragraph (a), for “competence” substitute “capacity”;

in sub-paragraph (b), for “competent patient” substitute “patient who has capacity”; and

for sub-paragraph (c), substitute—

“(c)

in the case of patient who lacks capacity the requirements of the 2005 Act are complied with before any treatment proposed for him is administered; and”.

in sub-paragraph (a), for “are competent” substitute “have the capacity”; and

after sub-paragraph (a), insert—

“(aa)

take proper account of valid and applicable advance decisions made by patients under the 2005 Act;”.

in paragraph (2), after “a patient” insert “who has the capacity to do so”;

in paragraph (3), for “is not competent” substitute “lacks the capacity”; and

after paragraph (3), insert—

“(4)

In the case of a patient who lacks capacity to consent to surgery, the registered person shall take proper account of any valid and applicable advance decisions made by the patient under the 2005 Act.”.