Abstract
The Mental Capacity Act will come into force in 2007. It sets out guidelines for the ethical review of research involving incompetent adults which will have an impact on the REC process. This paper attempts to explain the Act's requirements in a way that will give research ethics committees some clarity about what must be considered when reviewing applications. Potential difficulties have been highlighted with guidance as to how these might be resolved.
References
1.
2.Draft Code of Practice for the Mental Capacity Act (September 2004 ). [http://www.dca.gov.uk/menincap/mcbdraftcode.pdf].
3.Mental Capacity Act 2005 — summary. [http://www.dh.gov.uk/PublicationsAndStatistics/Bulletins/ChiefExecutiveBulletin/ChiefExecutiveBulletinArticle/fs/en?CONTENT-ID=4108436&chk=z0Ds8/].
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5.
See Explanatory Notes to the Act , [http://www.opsi.gov.uk/acts/en2005/2005en09.htm] 9 December 2005 .
6.
If it could be argued that their angina treatment might have an effect on the care available for their Alzheimer's then it may fulfil the criteria.
7.
Re
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[1996 ] 35 BMLR 111.