The Mental Capacity Act 2005 Sample Clauses

The Mental Capacity Act 2005. 7.1 The Mental Capacity Act 2005 (MCA) applies to care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves. Staff working with people who lack capacity must have regard to the MCA.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
The Mental Capacity Act 2005. 16.3 The Provider shall make these policies and procedures clear to its Staff via induction, training and development, Staff meetings and supervision.
Sample 1Sample 2
The Mental Capacity Act 2005. Under the Mental capacity Act 2005 staff are required to apply 5 principles in their assessments to decide whether to share information without consent in a persons’ best interests. As described in 2.4 of the MCA Code of Practice, "it is important to balance people's right to make a decision with their right to safety and protection when they can't make decisions to protect themselves. The starting assumption must always be that an individual has the capacity, until there is proof that they do not. 5 xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/1989/41/contents
Sample 1
The Mental Capacity Act 2005. This Act was introduced to provide a clearer legal basis for making decisions and in doing so, promotes best practice in supporting anyone who is unable to make some or all decisions. The inability to make a decision could be because of a learning disability, mental health problems, brain injury, dementia, alcohol or drug misuse, side effects of medical treatment or any other illness or disability. This Act sets out in detail how capacity to make decisions should be assessed. The principles of the Act should be followed in the event that a service user needs to be asked for specific consent to his information being used or shared for a particular purpose. In particular, it should be assumed that a service user does have the capacity to consent to the processing of his information, unless this is proved otherwise taking into account all the relevant circumstances at the relevant time. Chapter 16 of the Mental Capacity Act Code of Practice1 offers guidance on: • What personal information about someone who lacks capacity people involved in their care have the right to see, and • How they can get hold of that information. Questions to ask when requesting personal information about someone who may lack capacity Am I acting under a Lasting Power of Attorney or as a deputy with specific authority? • Does the person have capacity to agree that information can be disclosed? Have they previously agreed to disclose the information? • What information do I need? • Why do I need it? • Who has the information? • Can I show that: - I need the information to make a decision that is in the best interests of the person I am acting for, and - the person does not have the capacity to act for themselves? • Do I need to share the information with anyone else to make a decision that is in the best interests of the person who lacks capacity? • Should I keep a record of my decision or action? • How long should I keep the information for? • Do I have the right to request the information under section 7 of the Data Protection Act 1998? Questions to ask when considering whether to disclose information 1 Mental Capacity Act 2005 Code of Practice, published by The Stationery Office on behalf of the Department for Constitutional Affairs, 2007. • Is the request covered by section 7 of the Data Protection Act 1998? Is the request being made by a formally authorised representative? If not: • Is the disclosure legal? • Is the disclosure justified, having balanced the person’s best interests...
Sample 1

Related to The Mental Capacity Act 2005

  • Safety Act, Sec 1 (1). The employee rights set out above shall be interpreted within the context of the Ontario Human Rights Code. An employee who believes that she has been harassed, contrary to this provision shall be encouraged by both parties to follow the Employer’s policy on harassment and process. Failing resolution, an employee may follow the process set out in the Complaint, Grievance and Arbitration procedure in Article 8 of the Collective Agreement. The employee shall be encouraged by both parties to exhaust these processes prior to filing a complaint with the Ontario Human Rights Commission.

  • FAIR LABOR STANDARDS ACT 314. To the extent that the Agreement fails to afford employees the overtime or compensatory time off benefits to which they are entitled under the Fair Labor Standards Act, the Agreement is amended to authorize and direct all City Departments to ensure that their employees receive, at a minimum, such Fair Labor Standards Act Benefits.

  • OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Xxxxx Xxxxxxxx Xxxxxx, Xxx Xxxx 00000 Telephone: 000-000-0000 Fax: 000-000-0000 email: xxx@xxx.xx.xxx A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-803-2414 email: xxxxxxxxxxxxxxxxx@xxx.xx.xxx xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPu blic.asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

  • Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104). The award term is located at 2 C.F.R. Part 175.15, the full text of which is incorporated here by reference.

  • Data Protection Act 1998 Please note that any information provided to us will be processed by us and our agents in compliance with the provisions of the Data Protection Xxx 0000, for the purpose of providing service agreements and handling claims, this may necessitate providing certain information to third parties. We may also share information in confidence for processing and contract management with other companies including those located outside the European Economic Area.

  • References to Statutes, Public Acts, Regulations, Codes and Executive Orders All references in this Contract to any statute, public act, regulation, code or executive order shall mean such statute, public act, regulation, code or executive order, respectively, as it has been amended, replaced or superseded at any time. Notwithstanding any language in this Contract that relates to such statute, public act, regulation, code or executive order, and notwithstanding a lack of a formal amendment to this Contract, this Contract shall always be read and interpreted as if it contained the most current and applicable wording and requirements of such statute, public act, regulation, code or executive order as if their most current language had been used in and requirements incorporated into this Contract at the time of its execution.

  • Family Medical Leave or Critical Illness Leave a) Family Medical Leave or Critical Illness leaves granted to a permanent Teacher or long-term Occasional Teacher under this Article shall be in accordance with the provisions of the Employment Standards Act, 2000, as amended.

  • SHORT-TERM ILLNESS AND INJURY AND LONG-TERM DISABILITY Employees shall be entitled to coverage for short term illness and injury and long term disability in accordance with agreed upon regulations which will be subject to review and revision during the period of this Agreement by negotiations between the Parties and included as Appendix A to this Agreement.

  • Health Insurance Portability and Accountability Act of 1996 (a) If the Contactor is a Business Associate under the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as noted in this Contract, the Contractor must comply with all terms and conditions of this Section of the Contract. If the Contractor is not a Business Associate under HIPAA, this Section of the Contract does not apply to the Contractor for this Contract.

  • Occupational Health and Safety Act The Employer, the Union and the employees agree to be bound by the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c.7.

Time is Money Join Law Insider Premium to draft better contracts faster.