Written question asked by Lord Alton of Liverpool (Crossbench), in the House of Lords. It was answered by Lord Bach (Labour) on Friday, 5 February 2010.

Mental Capacity Act 2005

Question: To ask Her Majesty's Government what (a) statutory instruments, (b) departmental circulars, and (c) other documents the Ministry of Justice or its predecessor department (1) have issued since 2005, and (2) will issue in the next 12 months consequenton the Mental Capacity Act 2005; and whether they will place in the Library of the House a copy of each such document.

Answer: Since the Mental Capacity Act 2005 received Royal Assent a number of items of legislation prescribing the detail of how the Act operates have been laid before Parliament by both the Ministry of Justice and the Department of Health and have since come into force. In addition, the Office of the Public Guardian has produced a wide range of forms, guidance and other information related to the operation of the Act. Stakeholders have been regularly updated of progress via update newsletters and consultation documents where appropriate. I have laid a table in the House Library providing a list of the main legislation, forms and guidance and newsletters produced by the department to support the implementation of the Act. In addition, as would be expected with the introduction of any new legislation, internal guidance and notices for staff have been produced. A public consultation "Office of the Public Guardian: amendments to secondary legislation" is due to end on 9 March 2010. Following the consultation further statutory instruments may be issued. The president of the Court of Protection, Sir Mark Potter, has also set up an ad hoc rules committee to review the Court of Protection Rules which may also lead to the issue of further statutory instruments. The OPG will also continue to produce further information or guidance as may be required.

Secondary information