Mental Capacity Act 2005: Consultation on Draft Research Regulations

The DoH is consulting on draft research regulations under the Mental Capacity Act, which provide detailed policy on a number of issues where broad outlines were given in the primary legislation. Deadline: 5 Sept 06

The Mental Capacity Act 2005 provides a statutory framework for people who may not be able to make their own decisions, for example because of a learning difficulties, an illness such as dementia or brain injury or mental health problems. It sets out who can take decisions, in which situations, and how they should go about this.

The Act enshrines in statute current best practice and common law principles concerning people who lack mental capacity and those who take decisions on their behalf.

The Department of Health is consulting on draft research regulations under the Act, which provide detailed policy on a number of issues where broad outlines were given in the primary legislation. 

The DoH are seeking views on:

• whether the proposed arrangements for appointing the appropriate body that approves research are suitable?
• whether the proposed arrangements for research involving people who consented but then lost capacity strike the right balance between the need to allow long-term research to continue whilst respecting the past and present wishes of participants?

You can access the draft research regulations at: http://www.dh.gov.uk/Consultations/LiveConsultations/LiveConsultationsArticle/fs/en?CONTENT_ID=4136145&chk=ZHNL7b