Jurisdiction of the Court of Protection(reproduced in full in appendix A)Court of Protection:jurisdictionCourt of Protection(reproduced in full in appendix A)Court of Protection:jurisdiction:exempt mattersCourt of Protection:jurisdictionCourt of ProtectionCourt of Protection:jurisdiction:people falling outside MCACourt of Protection:jurisdictionCourt of ProtectionCourt of Protection:jurisdiction:family matters falling outside MCACourt of Protection:jurisdictionCourt of ProtectionCourt of Protection:jurisdiction:Mental Health Act mattersCourt of Protection:jurisdictionCourt of ProtectionCourt of Protection:jurisdiction:voting rightsCourt of Protection:jurisdictionCourt of Protection
4.43The court’s jurisdiction derives from the MCA 2005 which sets out a number of different types of applications and orders that can be made.
Exempt matters to which the MCA 2005 does not apply
4.44The MCA 2005 does not apply to some legal situations and cannot be used to authorise certain kinds of interference with a person’s life. These exclusions are set out in sections 27–29.
People falling outside the Act
4.45Depending on the type of decision to be made, the court’s jurisdiction may be restricted to adults (eg statutory wills, lasting powers of attorney) or to persons aged 16 or over (eg personal welfare issues).
1MCA 2005 s2(5) and (6).Family matters falling outside the Act (section 27)
4.46Nothing in the MCA 2005 permits a decision on any of the following matters to be made on behalf of a person:
•consenting to marriage or a civil partnership;
•consenting to have sexual relations;
•consenting to a decree of divorce being granted on the basis of two years’ separation;
•consenting to a dissolution order being made in relation to a civil partnership on the basis of two years’ separation;
•consenting to a child’s being placed for adoption by an adoption agency;
•consenting to the making of an adoption order;
•discharging parental responsibilities in matters not relating to a child’s property;
•giving a consent under the Human Fertilisation and Embryology Act 1990.
2MCA 2005 s27(1). Mental Health Act matters (section 28)
4.47Section 28 excludes certain MHA matters from being dealt with under the MCA 2005. The precise inter-relationship between the two statutes was considered in chapter 3 above.
Voting rights (section 29)
4.48Nothing in the MCA 2005 permits a decision on voting at an election for any public office, or at a referendum, to be made on behalf of an incapacitated person.
3MCA 2005 s29(1).