# The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007, Paragraph 36: Adult Placement Schemes (England) Regulations 2004


(1) The Adult Placement Schemes (England) Regulations 2004 are amended in accordance with this paragraph.
(2) In regulation 2 (interpretation), 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 17 (carer agreements), for paragraph (2)(e) substitute—
“(e) specifies that a service user is not to be subject to physical restraint unless—
(i) restraint of the kind employed is the only practicable means of securing the welfare of that, or another, service user; or
(ii) 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;”
(4) In regulation 19 (adult placement carer handbook), for paragraph (3)(c) substitute—
“(c) that a service user is not to be subject to physical restraint unless—
(i) restraint of the kind employed is the only practicable means of securing the welfare of that, or another, service user, or
(ii) 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/36 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005-transitional-and-consequential-provisions-order-2007/schedule-1/paragraph-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.