Mental Capacity Act 2008 · 2020 Revised Edition · Part 6 · Excluded Decisions and Declaratory Provisions
26. Excluded decisions
Feedback & supportLast amended by an amending law of 2022.
Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person:
consenting to marriage;
consenting to touching of a sexual nature;
consenting to a decree of divorce being granted on the basis of 3 years’ separation;
consenting or revoking consent to the making of an adoption order under the Adoption of Children Act 2022 or any corresponding previous written law;
adopting or renouncing a religion;
receiving treatment for change of gender;
consenting or revoking consent to treatment for sexual sterilisation within the meaning of the Voluntary Sterilisation Act 1974;
consenting or revoking consent to treatment to terminate pregnancy;
registering or withdrawing an objection under section 8 of the Human Organ Transplant Act 1987 in respect of removal of an organ from the person upon his death;
making or revoking an advance medical directive under section 3 or 7 of the Advance Medical Directive Act 1996;
making or revoking a gift of a body or any part thereof under section 3 or 9 of the Medical (Therapy, Education and Research) Act 1972;
such other matter as may be prescribed.