Mental Capacity (Amendment) Act 2019
amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes
Government Bill
(Department of Health and Social Care)
What is this Bill?
The Mental Capacity (Amendment) was a Government Bill that became an Act of Parliament.
Is this Bill currently before Parliament?No. This Bill was introduced on 3 July 2018 and became an Act of Parliament on 16 May 2019.
Whose idea is this Bill?Government Bills implement the legislative agenda of the Government. This agenda, and the Bills that will implement it, are outlined in the Queen's Speech at the Session's State Opening of Parliament.
How can I find out exactly what this Bill does?The most straightforward information is contained in the initial Explanatory Notes for the Bill.
Would you like to know more?See these Glossary articles for more information: Act of Parliament, Government Bills, Process of a Bill
Official Bill Page Initial Explanatory Notes Initial Briefing papers Initial Library Notes Ministerial Extracts from Debates All Bill Debates
This bill has received Royal Assent and has become an Act of Parliament
Bill Progession through Parliament
Latest Key documents
Amendment paper
23/04/2019
Timeline of Bill Documents and Stages
16th May 2019
Royal Assent (Minutes of Proceedings) (Commons)
16th May 2019
Royal Assent (Hansard) (Commons)
16th May 2019
Act of Parliament
Mental Capacity (Amendment) Act 2019 (c. 18)
24th April 2019
Ping Pong (Minutes of Proceedings): House of Lords
24th April 2019
Ping Pong (Hansard): House of Lords
23rd April 2019
Amendment papers
HL Bill 171-I Marshalled list for consideration of Commons amendments (PDF)
8th April 2019
Amendment papers
HL Bill 171(a) Motions for consideration of Commons amendments (PDF)
3rd April 2019
Bills
HL Bill 171 Commons amendment in lieu of a Lords amendment, and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment (PDF)
3rd April 2019
Public Bill Committee and report stage proceedings: Commons
Proceedings on Consideration of Lords Messages as at 2 April 2019
2nd April 2019
Ping Pong: House of Commons
2nd April 2019
Amendment papers
Commons Consideration of Lords Messages as at 2 April 2019
2nd April 2019
Selection of amendments: Commons
Consideration of Lords Amendments (PDF)
1st April 2019
Amendment papers
Notices of CCLM Amendments as at 29 March 2019
27th February 2019
Bills
Bill 345 2017-19, Lords Amendments to the Bill
25th February 2019
Amendment papers
HL Bill 161-I Marshalled list for consideration of Commons amendments (PDF)
18th February 2019
Amendment papers
HL Bill 161(a) Motion for consideration of Commons amendments (PDF)
13th February 2019
Public Bill Committee and report stage proceedings: Commons
Report Stage Proceedings as at 12 February 2019
13th February 2019
Explanatory Notes
HL Bill 161 Explanatory Notes
13th February 2019
Bills
HL Bill 161 Commons amendments
12th February 2019
3rd reading: House of Commons
12th February 2019
Report stage: House of Commons
12th February 2019
Amendment papers
Consideration of Bill Amendments as at 12 February 2019
12th February 2019
Selection of amendments: Commons
Consideration on Report (PDF)
11th February 2019
Amendment papers
Notices of Amendments as at 8 February 2019
11th February 2019
Selection of amendments: Commons
Provisional Selection of Amendments for Report Stage (PDF)
11th February 2019
Impact Assessments
Updated Impact Assessment (PDF)
8th February 2019
Amendment papers
Notices of Amendments as at 7 February 2019
7th February 2019
Amendment papers
Notices of Amendments as at 6 February 2019
6th February 2019
Amendment papers
Notices of Amendments as at 5 February 2019
23rd January 2019
Public Bill Committee and report stage proceedings: Commons
Public Bill Committee Proceedings as at 22 January 2019
23rd January 2019
Tracked changes versions of Bills: Commons
Version of the bill showing changes made in Committee (PDF)
23rd January 2019
Public Bill Committee and report stage proceedings: Commons
All proceedings up to 22 January 2019 at Public Bill Committee Stage
23rd January 2019
Written evidence
Written evidence: Devon County Council (MCAB67)
23rd January 2019
Written evidence
Written evidence: Leicestershire County Council DOLS Service (MCAB63)
23rd January 2019
Written evidence
Written evidence: Royal College of Nursing (MCAB64) (PDF)
23rd January 2019
Written evidence
Written evidence: Nigel Hodder, Best Interests Assessor for DOLS (MCAB65)
23rd January 2019
Written evidence
Written evidence: Liz Gale, Mental Capacity Act Lead, Bi-Borough Adults Social Care and Public Health, Royal Borough of Kensington and Chelsea and Westminster City Council (MCAB66)
23rd January 2019
Written evidence
Written evidence: Doughty Street Chambers Court of Protection Team (MCAB68)
23rd January 2019
Written evidence
Written evidence: Dr Amanda Thompsell (Chair, Faculty of Old Age Psychiatry, Royal College of Psychiatrists), Dr Hugh Series (Consultant old age psychiatrist), and Dr Sharmi Bhattacharyya (MCAB69) (PDF)
23rd January 2019
Written evidence
Written evidence: Adrian Watts (MCAB70)
23rd January 2019
Written evidence
Written evidence: Liz Spires, social worker (MCAB72)
23rd January 2019
Written evidence
Written evidence: Penny Calthrop (MCAB73)
23rd January 2019
Written evidence
Written evidence: Dr R. L. Symonds (MCAB71)
23rd January 2019
Written evidence
Written evidence: Tom Grace (MCAB74)
23rd January 2019
Written evidence
Written evidence: Challenging Behaviour Foundation (MCAB75) (PDF)
23rd January 2019
Written evidence
Written evidence: Wendy and Graham Enderby (MCAB76)
23rd January 2019
Written evidence
Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77)
23rd January 2019
Written evidence
Written evidence: Catherine Brewin (MCAB78)
22nd January 2019
Committee Debates: compilation pdf of sittings so far: House of Commons
22nd January 2019
Committee Debate: 6th sitting: House of Commons
22nd January 2019
Committee Debate: 5th sitting: House of Commons
22nd January 2019
Amendment papers
Public Bill Committee Amendments as at 22 January 2019
22nd January 2019
Bills
Bill 323 2017-19, as amended
21st January 2019
Selection of amendments: Commons
Consideration in Committee: Selection 3 (PDF)
18th January 2019
Written evidence
Written Evidence: Marc Robertson (MCAB50)
18th January 2019
Written evidence
Written Evidence: North East Lincolnshire MCA Group (formerly the Strategic Network) (MCAB49)
18th January 2019
Written evidence
Written Evidence: Lincolnshire County Council (MCAB48)
18th January 2019
Written evidence
Written Evidence: Professor Rosie Harding, Chair in Law and Society, Birmingham Law School, University of Birmingham (MCAB47)
18th January 2019
Written evidence
Written Evidence: Inclusion London and People First Self-Advocacy (MCAB46)
18th January 2019
Written evidence
Written Evidence: David Thornicroft, Managing Director, St Thomas Training (MCAB45)
18th January 2019
Written evidence
Written Evidence: Royal College of Psychiatrists (RCPsych) (MCAB44) (PDF)
18th January 2019
Written evidence
Written Evidence: Hywel Dda University Health Board (MCAB43)
18th January 2019
Written evidence
Written Evidence: Jess Flanagan, Senior Associate solicitor, Health and Welfare Court of Protection, Clarke Willmott LLP (MCAB42) (PDF)
18th January 2019
Written evidence
Written Evidence: Dan Baker, Mental Capacity Act and Deprivation of Liberty Safeguards Lead Officer, Central Bedfordshire Council (MCAB41)
18th January 2019
Written evidence
Written Evidence: British Medical Association (MCAB40) (PDF)
18th January 2019
Written evidence
Written Evidence: Court of Protection Practitioners Association (MCAB51) (PDF)
18th January 2019
Written evidence
Written Evidence: Irwin Mitchell (MCAB52) (PDF)
18th January 2019
Written evidence
Written Evidence: Ray Colyer, Deprivation of Liberty Safeguards Manager, Islington Council (MCAB53) (PDF)
18th January 2019
Written evidence
Written Evidence: Best Interest Assessors, Sheffield City Council (MCAB54)
18th January 2019
Written evidence
Written Evidence: Dimensions (MCAB55)
18th January 2019
Written evidence
Written Evidence: Christiane Plaum, MCA DoLS Team Manager, Deprivation of Liberty Safeguards Team, West Sussex County Council (MCAB56)
18th January 2019
Written evidence
Written Evidence: Tracey Cave, Social Worker/AMHP/BIA, BIA Team, Middlesbrough Council (MCAB57)
18th January 2019
Written evidence
Written Evidence: MIND (MCAB58) (PDF)
18th January 2019
Written evidence
Written Evidence: Independent Age (MCAB59) (PDF)
18th January 2019
Written evidence
Written Evidence: Law Society (MCAB60) (PDF)
18th January 2019
Written evidence
Written Evidence: The Relatives and Residents Association (MCAB61) (PDF)
18th January 2019
Written evidence
Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62)
18th January 2019
Public Bill Committee and report stage proceedings: Commons
Public Bill Committee Proceedings as at 17 January 2019
18th January 2019
Amendment papers
Notices of Amendments as at 17 January 2019
17th January 2019
Committee Debate: 4th sitting: House of Commons
17th January 2019
Committee Debate: 3rd sitting: House of Commons
17th January 2019
Amendment papers
Public Bill Committee Amendments as at 17 January 2019
16th January 2019
Public Bill Committee and report stage proceedings: Commons
Public Bill Committee Proceedings as at 15 January 2019
16th January 2019
Amendment papers
Notices of Amendments as at 15 January 2019
16th January 2019
Selection of amendments: Commons
Consideration in Committee: Selection 2 (PDF)
16th January 2019
Written evidence
Written Evidence: Kings College Hospital NHS Foundation Trust, Adult Safeguarding Service (MCAB38)
16th January 2019
Written evidence
Written Evidence: Dr Samantha Hamer (MCAB10)
16th January 2019
Written evidence
Written Evidence: Derek Boothby (MCAB19)
16th January 2019
Written evidence
Written Evidence: Rethink Mental Illness (MCAB18) (PDF)
16th January 2019
Written evidence
Written Evidence: Colin Newland (MCAB17) (PDF)
16th January 2019
Written evidence
Written Evidence: Andy Nash (MCAB16)
16th January 2019
Written evidence
Written Evidence: David Parker (MCAB15)
16th January 2019
Written evidence
Written Evidence: Dr Anil Christopher Chopdar (MCAB14)
16th January 2019
Written evidence
Written Evidence: Sarah Paxton (MCAB13)
16th January 2019
Written evidence
Written Evidence: Kay Matthews (MCAB12)
16th January 2019
Written evidence
Written Evidence: Carol Wilkinson (MCAB11)
16th January 2019
Written evidence
Written Evidence: Lucy Bright (MCAB37) (PDF)
16th January 2019
Written evidence
Written Evidence: Steven Richards (MCAB09)
16th January 2019
Written evidence
Written Evidence: Mike Stone (MCAB08)
16th January 2019
Written evidence
Written Evidence: Andrew MacTaggart, Best interests assessor (MCAB07)
16th January 2019
Written evidence
Written Evidence: Royal College of Speech and Language Therapists (MCAB06) (PDF)
16th January 2019
Written evidence
Written Evidence: Dr O Sorinmade, MRC Psych., MSc., LLM, Consultant Older Adult Psychiatrist (MCAB05)
16th January 2019
Written evidence
Written Evidence: Roger Hargreaves (MCAB04)
16th January 2019
Written evidence
Written Evidence: Eloise Jones, Best Interest Assessor/ Senior Social Worker MCA/ DoLS (MCAB03)
16th January 2019
Written evidence
Written Evidence: National DoLS Leads Group (MCAB02) (PDF)
16th January 2019
Written evidence
Written Evidence: Andrew Lee, Director, People First (MCAB01)
16th January 2019
Written evidence
Written Evidence: Citizens Advice Sheffield (MCAB21) (PDF)
16th January 2019
Written evidence
Written Evidence: Learning Disability England (MCAB39)
16th January 2019
Written evidence
Written Evidence: Sian Phillips (MCAB36)
16th January 2019
Written evidence
Written Evidence: Roger Laidlaw, Social Worker and Deprivation of Liberty Safeguards Coordinator (MCAB35) (PDF)
16th January 2019
Written evidence
Written Evidence: Graham Hennis, a qualified Social Worker and a Best Interests Assessor (MCAB34)
16th January 2019
Written evidence
Written Evidence: Graham Hennis, a qualified Social Worker and a Best Interests Assessor (MCAB34)
16th January 2019
Written evidence
Written Evidence: Sara-Jayne Williams, Mental Capacity Act Coordinator for Bedford Borough Council (MCAB33)
16th January 2019
Written evidence
Written Evidence: Dr Lucy Series, a Wellcome Research Fellow and Lecturer in Law at the School of Law and Politics, at Cardiff University (MCAB32) (PDF)
16th January 2019
Written evidence
Written Evidence: Tracey Hennis, qualified Social Worker and Best Interest Assessor (MCAB31)
16th January 2019
Written evidence
Written Evidence: Stephen Ward, Lead for MHA and MCA Isle of Wight Council and Isle of Wight NHS Trust (MCAB30)
16th January 2019
Written evidence
Written Evidence: Bill O'Grady, Social Worker (MCAB29)
16th January 2019
Written evidence
Written Evidence: Dr Haider Malik, Consultant Psychiatrist (MCAB28)
16th January 2019
Written evidence
Written Evidence: Albert House Nursing Home (MCAB27)
16th January 2019
Written evidence
Written Evidence: Nick Woodhead (MCAB26)
16th January 2019
Written evidence
Written Evidence: Vincent Duffy (MCAB25) (PDF)
16th January 2019
Written evidence
Written Evidence: Association for Real Change (ARC), Care England, the National Care Association (NCA), the National Care Forum (NCF), the Registered Nursing Home Association (RNHA), and the Voluntary Organisations Disability Group (VODG) (MCAB24)
16th January 2019
Written evidence
Written Evidence: Royal Mencap Society (MCAB23) (PDF)
16th January 2019
Written evidence
Written Evidence: Dr Camilla Parker, Just Equality (MCAB22)
16th January 2019
Written evidence
Written Evidence: Sue Adams, DoLS Practice Manager/AMHP/BIA (MCAB20) (PDF)
15th January 2019
Committee Debate: 2nd sitting: House of Commons
15th January 2019
Committee Debate: 1st sitting: House of Commons
15th January 2019
Amendment papers
Public Bill Committee Amendments as at 15 January 2019
14th January 2019
Amendment papers
Notices of Amendments as at 11 January 2019
14th January 2019
Selection of amendments: Commons
Consideration in Committee: Selection 1 (PDF)
11th January 2019
Amendment papers
Notices of Amendments as at 10 January 2019
10th January 2019
Amendment papers
Notices of Amendments as at 9 January 2019
8th January 2019
Amendment papers
Notices of Amendments as at 7 January 2019
19th December 2018
Press notices
Have your say on the Mental Capacity (Amendment) Bill
18th December 2018
2nd reading: House of Commons
18th December 2018
Ways and Means resolution: House of Commons
18th December 2018
Programme motion: House of Commons
18th December 2018
Money resolution: House of Commons
17th December 2018
Briefing papers
Briefing Paper on Second Reading
12th December 2018
Bills
Bill 303 2017-19 (as brought from the Lords)
12th December 2018
Explanatory Notes
Bill 303 EN 2017-19
11th December 2018
3rd reading (Minutes of Proceedings): House of Lords
11th December 2018
3rd reading (Hansard): House of Lords
11th December 2018
1st reading: House of Commons
5th December 2018
Amendment papers
HL Bill 147(a) Amendment for Third Reading (PDF)
27th November 2018
Report: 2nd sitting (Minutes of Proceedings): House of Lords
27th November 2018
Report: 2nd sitting (Hansard): House of Lords
27th November 2018
Bills
HL Bill 147 (as amended on Report)
23rd November 2018
Amendment papers
HL Bill 117-R-II Second marshalled list for Report (PDF)
22nd November 2018
Amendment papers
HL Bill 117-R-I(Rev)(a) Amendments for Report, supplementary to the revised marshalled list (PDF)
21st November 2018
Report: 1st sitting: House of Lords
21st November 2018
Report stage (Minutes of Proceedings): House of Lords
20th November 2018
Amendment papers
HL Bill 117-R-I(Rev) Revised marshalled list for Report (PDF)
19th November 2018
Amendment papers
HL Bill 117-R-I Marshalled list for Report (PDF)
16th November 2018
Amendment papers
HL Bill 117-R(i) Amendments for Report (PDF)
15th November 2018
Amendment papers
HL Bill 117-R(h) Amendments for Report (PDF)
14th November 2018
Amendment papers
HL Bill 117-R(g) Amendments for Report (PDF)
13th November 2018
Amendment papers
HL Bill 117-R(f) Amendments for Report (PDF)
12th November 2018
Amendment papers
HL Bill 117-R(e) Amendments for Report (PDF)
9th November 2018
Amendment papers
HL Bill 117-R(d) Amendments for Report (PDF)
7th November 2018
Amendment papers
HL Bill 117-R(c) Amendments for Report (PDF)
6th November 2018
Amendment papers
HL Bill 117-R(b) Amendments for Report (PDF)
25th October 2018
Amendment papers
HL Bill 117-R(a) Amendments for Report (PDF)
22nd October 2018
Committee: 3rd sitting - (Hansard): House of Lords
22nd October 2018
Committee: 3rd sitting (Minutes of Proceedings): House of Lords
19th October 2018
Amendment papers
HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list (PDF)
18th October 2018
Amendment papers
HL Bill 117-III Third marshalled list for Committee (PDF)
17th October 2018
Amendment papers
HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list (PDF)
15th October 2018
Committee: 2nd sitting (Minutes of Proceeding): House of Lords
15th October 2018
Committee: 2nd sitting (Hansard): House of Lords
15th October 2018
Committee: 2nd sitting (Hansard - continued): House of Lords
12th October 2018
Amendment papers
HL Bill 117-II(a) Amendments for Committee, supplementary to the second marshalled list (PDF)
11th October 2018
Amendment papers
HL Bill 117-II Second marshalled list for Committee (PDF)
10th October 2018
Amendment papers
HL Bill 117-I(h) Amendments for Committee, supplementary to the marshalled list (PDF)
8th October 2018
Amendment papers
HL Bill 117-I(g) Amendments for Committee, supplementary to the marshalled list (PDF)
21st September 2018
Amendment papers
HL Bill 117-I(f) Amendments for Committee, supplementary to the marshalled list (PDF)
20th September 2018
Amendment papers
HL Bill 117-I(e) Amendments for Committee, supplementary to the marshalled list (PDF)
17th September 2018
Amendment papers
HL Bill 117-I(d) Amendments for Committee, supplementary to the marshalled list (PDF)
13th September 2018
Amendment papers
HL Bill 117-I(c) Amendments for Committee, supplementary to the marshalled list (PDF)
5th September 2018
Committee: 1st sitting (Minutes of Proceedings): House of Lords
5th September 2018
Committee: 1st sitting (Hansard): House of Lords
5th September 2018
Committee: 1st sitting (Hansard - continued): House of Lords
5th September 2018
Amendment papers
HL Bill 117-I(b) Amendment for Committee, supplementary to the marshalled list (PDF)
4th September 2018
Amendment papers
HL Bill 117-I(a) Amendments for Committee, supplementary to the marshalled list (PDF)
3rd September 2018
Amendment papers
HL Bill 117-I Marshalled list for Committee (PDF)
31st August 2018
Amendment papers
HL Bill 117(o) Amendments for Committee (PDF)
30th August 2018
Amendment papers
HL Bill 117(n) Amendments for Committee (PDF)
29th August 2018
Amendment papers
HL Bill 117(m) Amendments for Committee (PDF)
28th August 2018
Amendment papers
HL Bill 117(l) Amendment for Committee (PDF)
24th August 2018
Amendment papers
HL Bill 117(k) Amendments for Committee (PDF)
23rd August 2018
Amendment papers
HL Bill 117(j) Amendments for Committee (PDF)
21st August 2018
Amendment papers
HL Bill 117(i) Amendments for Committee (PDF)
20th August 2018
Amendment papers
HL Bill 117(h) Amendments for Committee (PDF)
17th August 2018
Amendment papers
HL Bill 117(g) Amendments for Committee (PDF)
16th August 2018
Amendment papers
HL Bill 117(f) Amendments for Committee (PDF)
15th August 2018
Amendment papers
HL Bill 117(e) Amendments for Committee (PDF)
24th July 2018
Will write letters
Letter dated 24/07/2018 from Lord O'Shaughnessy to Lords regarding points raised during the second reading of the Mental Capacity (Amendment) bill (PDF, 240KB)
24th July 2018
Will write letters
Annex A: Law Commission recommendations and Government Responses (as referenced in letter dated 24/07/18) (PDF, 204KB)
24th July 2018
Will write letters
Annex B: Illustrative person journeys under DoLS [Deprivation of Liberty Safeguards] v Liberty Protection Safeguards (as referenced in letter dated 24/07/18) (PDF, 482KB)
24th July 2018
Will write letters
Annex C: Flow diagram representing a summary of the process in the new bill (as referenced in letter dated 24/07/18) (PDF, 280KB)
24th July 2018
Will write letters
Annex D: Mental Capacity Act 2005 - Keeling Schedule showing changes which will be effected by the Mental Capacity (Amendment) Bill (as referenced in letter dated 24/07/18) (PDF, 1MB)
24th July 2018
Amendment papers
HL Bill 117(d) Amendment for Committee (PDF, 49KB)
19th July 2018
Amendment papers
HL Bill 117(c) Amendments for Committee (PDF, 71KB)
18th July 2018
Amendment papers
HL Bill 117(b) Amendment for Committee (PDF, 51KB)
17th July 2018
Amendment papers
HL Bill 117(a) Amendments for Committee (PDF, 48KB)
16th July 2018
2nd reading (Minutes of Proceedings): House of Lords
16th July 2018
2nd reading (Hansard): House of Lords
16th July 2018
2nd reading (Hansard - continued): House of Lords
11th July 2018
Library Notes
Mental Capacity (Amendment) Bill: Briefing for Lords Stages
9th July 2018
Impact Assessments
Impact Assessment: Mental Capacity (Amendment) Bill (PDF, 476KB)
4th July 2018
Explanatory Notes
HL Bill 117 Explanatory Notes
4th July 2018
Delegated Powers Memoranda
Mental Capacity (Amendment) Bill [HL]: Delegated Powers Memorandum (PDF, 184KB)
3rd July 2018
1st reading (Minutes of Proceedings): House of Lords
3rd July 2018
1st reading (Hansard): House of Lords
3rd July 2018
Bills
HL Bill 117 (as introduced)