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Section 3 Meaning of “lacks capacity”I1I2

(1)

For the purposes of this Act, a person who is 16 or over lacks capacity in relation to a matter if, at the material time, the person is unable to make a decision for himself or herself about the matter (within the meaning given by section 4) because of an impairment of, or a disturbance in the functioning of, the mind or brain.

(2)

It does not matter—

(a)

whether the impairment or disturbance is permanent or temporary;

(b)

what the cause of the impairment or disturbance is.

(3)

In particular, it does not matter whether the impairment or disturbance is caused by a disorder or disability or otherwise than by a disorder or disability.

Annotations

Commencement

I1

S. 3 in operation at 1.10.2019 for specified purposes by S.R. 2019/163, art. 2(1), Sch. Pt. 1 (with art. 3) (as amended by S.R. 2019/190, art. 2)

I2

S. 3 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(3), Sch. Pt. 3 (as amended by S.R. 2019/190, art. 2)