(This note is not part of the Regulations)
These Regulations are made under section 30(4) of the Mental Capacity Act 2005 and amend the definition of “appropriate body” in the Mental Capacity Act 2005 (Appropriate Bodies)(England) Regulations 2006 (“the 2006 Regulations”) for the purposes of sections 30 to 32 of that Act. Section 30(1) of that Act provides that certain research carried out on or in relation to a person without capacity is unlawful unless it is carried out as part of a project which is approved by an appropriate body and satisfies further requirements specified in the Act.
These Regulations amend regulation 2 of the 2006 Regulations to clarify that in the definition of an appropriate body, a committee recognised by the Secretary of State means a committee recognised by the Secretary of State in exercise of his powers in section 2 of the National Health Service Act 2006.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.