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The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019.  It is due to come into force on 1 April 2022. The Act amends the Mental Capacity Act 2005 and introduces a new process for authorising deprivations of liberty for persons who lack capacity to make a particular decision. It replaces the Deprivation of Liberty Safeguards which were introduced in 2008 as an earlier amendment to the Mental Capacity Act 2005.

This briefing outlines the legal and policy background to the Mental Capacity (Amendment) Act 2019 and provides an overview of the main provisions in the new Act. The briefing also includes links to relevant Department of Health and Social Care factsheets and guidance, in addition to responses to the legislation from professional bodies and special interest groups.

Further detail on the background to the reform process is available in Commons Library Briefings on the Deprivation of Liberty Safeguards (CBP8095) and the Mental Capacity (Amendment) Bill (CBP8466), as well as the Lords Library Briefing on the Mental Capacity (Amendment) Bill [HL]: Briefing for Lords stages.


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