{
  "http://www.legislation.gov.uk/ukpga/2005/9/section/2": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/2",
    "act_name": "Mental Capacity Act 2005",
    "section_number": 2,
    "note_text": "21.This sets out the Act\u2019s definition of a person who lacks capacity. It focuses on the particular time when a decision has to be made and on the particular matter to which the decision relates, not on any theoretical ability to make decisions generally. It follows that a person can lack capacity for the purposes of the Act even if the loss of capacity is partial or temporary or if his capacity fluctuates. It also follows that a person may lack capacity in relation to one matter but not in relation to another matter.\n22.The inability to make a decision must be caused by an impairment of or disturbance in the functioning of the mind or brain. This is the so-called \u201cdiagnostic test\u201d. This could cover a range of problems, such as psychiatric illness, learning disability, dementia, brain damage or even a toxic confusional state, as long as it has the necessary effect on the functioning of the mind or brain, causing the person to be unable to make the decision.\n23.Subsection (3) introduces a principle of equal consideration in relation to determinations of a person\u2019s capacity. It makes it clear that such determinations should not merely be made on the basis of a person\u2019s age, appearance or unjustified assumptions about capacity based on the person\u2019s condition or behaviour. Any preconceptions and prejudicial assumptions held by a person making the assessment of capacity must therefore have no input into the assessment of capacity. The reference to \u201ccondition\u201d captures a range of factors, including any physical disability a person may have. So, in making an assessment of capacity, the fact that the person in question has a learning difficulty should not in itself lead the person making the assessment to assume that the person with the learning difficulty would lack capacity to decide, for example, where to live. The reference to \u201cappearance\u201d would also include skin colour.\n24.Subsection (5) makes it clear that powers under the Act generally only arise where the person lacking capacity is 16 or over (although powers in relation to property might be exercised in relation to a younger person who has disabilities which will cause the incapacity to last into adulthood: see section 18(3)). Any overlap with the jurisdiction under the Children Act 1989 can be dealt with by orders about the transfer of proceedings to the more appropriate court (see section 21).\n25.Subsection (5) has the first use of the capital letter \u201cD\u201d to refer to a person exercising powers in relation to a person who lacks capacity. The use of capital letters sometimes makes complex provisions easier to follow (particularly where a number of different people are being referred to), and is a technique often adopted in recent legislation. In this Act, the fact that lack of capacity is specific to particular decisions and that there are many reasons why a person may lack capacity makes it necessary to use a neutral, rather than descriptive, label for the person concerned."
  },
  "http://www.legislation.gov.uk/ukpga/2005/9/section/5": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/5",
    "act_name": "Mental Capacity Act 2005",
    "section_number": 5,
    "note_text": "1.These explanatory notes relate to the Mental Capacity Act 2005 which received Royal Assent on 7 April 2005. They have been prepared by the Department for Constitutional Affairs and the Department of Health in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.\n2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a provision or part of a provision does not seem to require any explanation or comment, none is given."
  },
  "http://www.legislation.gov.uk/ukpga/2005/9/schedule/5": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/5",
    "act_name": "Mental Capacity Act 2005",
    "section_number": 5,
    "note_text": "1.These explanatory notes relate to the Mental Capacity Act 2005 which received Royal Assent on 7 April 2005. They have been prepared by the Department for Constitutional Affairs and the Department of Health in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.\n2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a provision or part of a provision does not seem to require any explanation or comment, none is given."
  },
  "http://www.legislation.gov.uk/ukpga/2005/9/schedule/3": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/3",
    "act_name": "Mental Capacity Act 2005",
    "section_number": 3,
    "note_text": "21.This sets out the Act\u2019s definition of a person who lacks capacity. It focuses on the particular time when a decision has to be made and on the particular matter to which the decision relates, not on any theoretical ability to make decisions generally. It follows that a person can lack capacity for the purposes of the Act even if the loss of capacity is partial or temporary or if his capacity fluctuates. It also follows that a person may lack capacity in relation to one matter but not in relation to another matter.\n22.The inability to make a decision must be caused by an impairment of or disturbance in the functioning of the mind or brain. This is the so-called \u201cdiagnostic test\u201d. This could cover a range of problems, such as psychiatric illness, learning disability, dementia, brain damage or even a toxic confusional state, as long as it has the necessary effect on the functioning of the mind or brain, causing the person to be unable to make the decision.\n23.Subsection (3) introduces a principle of equal consideration in relation to determinations of a person\u2019s capacity. It makes it clear that such determinations should not merely be made on the basis of a person\u2019s age, appearance or unjustified assumptions about capacity based on the person\u2019s condition or behaviour. Any preconceptions and prejudicial assumptions held by a person making the assessment of capacity must therefore have no input into the assessment of capacity. The reference to \u201ccondition\u201d captures a range of factors, including any physical disability a person may have. So, in making an assessment of capacity, the fact that the person in question has a learning difficulty should not in itself lead the person making the assessment to assume that the person with the learning difficulty would lack capacity to decide, for example, where to live. The reference to \u201cappearance\u201d would also include skin colour.\n24.Subsection (5) makes it clear that powers under the Act generally only arise where the person lacking capacity is 16 or over (although powers in relation to property might be exercised in relation to a younger person who has disabilities which will cause the incapacity to last into adulthood: see section 18(3)). Any overlap with the jurisdiction under the Children Act 1989 can be dealt with by orders about the transfer of proceedings to the more appropriate court (see section 21).\n25.Subsection (5) has the first use of the capital letter \u201cD\u201d to refer to a person exercising powers in relation to a person who lacks capacity. The use of capital letters sometimes makes complex provisions easier to follow (particularly where a number of different people are being referred to), and is a technique often adopted in recent legislation. In this Act, the fact that lack of capacity is specific to particular decisions and that there are many reasons why a person may lack capacity makes it necessary to use a neutral, rather than descriptive, label for the person concerned."
  },
  "http://www.legislation.gov.uk/ukpga/2005/9/schedule/2": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/2",
    "act_name": "Mental Capacity Act 2005",
    "section_number": 2,
    "note_text": "21.This sets out the Act\u2019s definition of a person who lacks capacity. It focuses on the particular time when a decision has to be made and on the particular matter to which the decision relates, not on any theoretical ability to make decisions generally. It follows that a person can lack capacity for the purposes of the Act even if the loss of capacity is partial or temporary or if his capacity fluctuates. It also follows that a person may lack capacity in relation to one matter but not in relation to another matter.\n22.The inability to make a decision must be caused by an impairment of or disturbance in the functioning of the mind or brain. This is the so-called \u201cdiagnostic test\u201d. This could cover a range of problems, such as psychiatric illness, learning disability, dementia, brain damage or even a toxic confusional state, as long as it has the necessary effect on the functioning of the mind or brain, causing the person to be unable to make the decision.\n23.Subsection (3) introduces a principle of equal consideration in relation to determinations of a person\u2019s capacity. It makes it clear that such determinations should not merely be made on the basis of a person\u2019s age, appearance or unjustified assumptions about capacity based on the person\u2019s condition or behaviour. Any preconceptions and prejudicial assumptions held by a person making the assessment of capacity must therefore have no input into the assessment of capacity. The reference to \u201ccondition\u201d captures a range of factors, including any physical disability a person may have. So, in making an assessment of capacity, the fact that the person in question has a learning difficulty should not in itself lead the person making the assessment to assume that the person with the learning difficulty would lack capacity to decide, for example, where to live. The reference to \u201cappearance\u201d would also include skin colour.\n24.Subsection (5) makes it clear that powers under the Act generally only arise where the person lacking capacity is 16 or over (although powers in relation to property might be exercised in relation to a younger person who has disabilities which will cause the incapacity to last into adulthood: see section 18(3)). Any overlap with the jurisdiction under the Children Act 1989 can be dealt with by orders about the transfer of proceedings to the more appropriate court (see section 21).\n25.Subsection (5) has the first use of the capital letter \u201cD\u201d to refer to a person exercising powers in relation to a person who lacks capacity. The use of capital letters sometimes makes complex provisions easier to follow (particularly where a number of different people are being referred to), and is a technique often adopted in recent legislation. In this Act, the fact that lack of capacity is specific to particular decisions and that there are many reasons why a person may lack capacity makes it necessary to use a neutral, rather than descriptive, label for the person concerned."
  },
  "http://www.legislation.gov.uk/ukpga/2005/9/section/3": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/3",
    "act_name": "Mental Capacity Act 2005",
    "section_number": 3,
    "note_text": "21.This sets out the Act\u2019s definition of a person who lacks capacity. It focuses on the particular time when a decision has to be made and on the particular matter to which the decision relates, not on any theoretical ability to make decisions generally. It follows that a person can lack capacity for the purposes of the Act even if the loss of capacity is partial or temporary or if his capacity fluctuates. It also follows that a person may lack capacity in relation to one matter but not in relation to another matter.\n22.The inability to make a decision must be caused by an impairment of or disturbance in the functioning of the mind or brain. This is the so-called \u201cdiagnostic test\u201d. This could cover a range of problems, such as psychiatric illness, learning disability, dementia, brain damage or even a toxic confusional state, as long as it has the necessary effect on the functioning of the mind or brain, causing the person to be unable to make the decision.\n23.Subsection (3) introduces a principle of equal consideration in relation to determinations of a person\u2019s capacity. It makes it clear that such determinations should not merely be made on the basis of a person\u2019s age, appearance or unjustified assumptions about capacity based on the person\u2019s condition or behaviour. Any preconceptions and prejudicial assumptions held by a person making the assessment of capacity must therefore have no input into the assessment of capacity. The reference to \u201ccondition\u201d captures a range of factors, including any physical disability a person may have. So, in making an assessment of capacity, the fact that the person in question has a learning difficulty should not in itself lead the person making the assessment to assume that the person with the learning difficulty would lack capacity to decide, for example, where to live. The reference to \u201cappearance\u201d would also include skin colour.\n24.Subsection (5) makes it clear that powers under the Act generally only arise where the person lacking capacity is 16 or over (although powers in relation to property might be exercised in relation to a younger person who has disabilities which will cause the incapacity to last into adulthood: see section 18(3)). Any overlap with the jurisdiction under the Children Act 1989 can be dealt with by orders about the transfer of proceedings to the more appropriate court (see section 21).\n25.Subsection (5) has the first use of the capital letter \u201cD\u201d to refer to a person exercising powers in relation to a person who lacks capacity. The use of capital letters sometimes makes complex provisions easier to follow (particularly where a number of different people are being referred to), and is a technique often adopted in recent legislation. In this Act, the fact that lack of capacity is specific to particular decisions and that there are many reasons why a person may lack capacity makes it necessary to use a neutral, rather than descriptive, label for the person concerned."
  },
  "http://www.legislation.gov.uk/ukpga/2010/15/section/136": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/136",
    "act_name": "Equality Act 2010",
    "section_number": 136,
    "note_text": "996.This paragraph replicates the effect of similar provisions in Part 2 of the Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007."
  },
  "http://www.legislation.gov.uk/ukpga/2010/15/schedule/3": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/3",
    "act_name": "Equality Act 2010",
    "section_number": 3,
    "note_text": "479.This section imposes a duty, known as the public sector equality duty, on the public bodies listed in Schedule 19 to have due regard to three specified matters when exercising their functions. The three matters are:\n\teliminating conduct that is prohibited by the Act, including breaches of non-discrimination rules in occupational pension schemes and equality clauses or rules which are read, respectively into a person\u2019s terms of work and into occupational pension schemes;\n\tadvancing equality of opportunity between people who share a protected characteristic and people who do not share it; and\n\tfostering good relations between people who share a protected characteristic and people who do not share it.\n480.The second and third matters apply to the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. They do not apply to the protected characteristic of marriage and civil partnership.\n481.As well as the public bodies listed in Schedule 19, the section also imposes the public sector equality duty on others that exercise public functions, but only in respect of their public functions. Section 150 explains what is meant by \u201cpublic function\u201d.\n482.Subsections (3), (4) and (5) expand on what it means to have due regard to the need to advance equality of opportunity and foster good relations. In particular, subsection (4) makes clear that having due regard to the need to advance equality of opportunity between disabled people and non-disabled people includes consideration of the need to take steps to take account of disabled people\u2019s disabilities. Subsection (6) makes clear that complying with the duty might mean treating some people more favourably than others, where doing so is allowed by the Act. This includes treating disabled people more favourably than non-disabled people and making reasonable adjustments for them, making use of exceptions which permit different treatment, and using the positive action provisions in Chapter 2 of this Part where they are available.\n483.Schedule 18 sets out persons and functions to which the equality duty does not apply."
  },
  "http://www.legislation.gov.uk/ukpga/2010/15/schedule/2": {
    "section_uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/2",
    "act_name": "Equality Act 2010",
    "section_number": 2,
    "note_text": "1.These explanatory notes relate to the Equality Act 2010 which received Royal Assent on 8 April 2010. They have been prepared by the Government Equalities Office, the Department for Work and Pensions (in respect of provisions relating to disability and pensions), the Department for Children, Schools and Families and the Department for Business, Innovation and Skills (in respect of provisions relating to education), the Department for Transport (in respect of provisions relating to disability and transport) and the Department for Business, Innovation and Skills (in respect of provisions relating to work exceptions). Their purpose is to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.\n2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given."
  }
}