Mental Capacity Act 2005

The Mental Capacity Act 2005

From 1 October 2007, research covered by the Act
cannot include any people who lack capacity to
consent to the research unless:
• The research has the approval of a research
ethics committee recognised by either the
Secretary of State or the Welsh Assembly
Government, as appropriate
• The researcher considers the views of carers
and other relevant people
• The research treats the person’s interests as
more important than those of science and society
• The researcher respects any advance
decisions or expressed preferences of a person
who lacks capacity and any objections the person
makes during the research.

For more information, please read the August 2007 Clinical Research Governance Office newsletter, available on this website.