Section 34: Loss of capacity during research project

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

This section applies where a person ("P")—

has consented to take part in a research project begun before the commencement of section 30, but
before the conclusion of the project, loses capacity to consent to continue to take part in it.

The appropriate authority may by regulations provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—

the project satisfies prescribed requirements,
any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity, and
the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting him.

The regulations may, in particular,—

make provision about when, for the purposes of the regulations, a project is to be treated as having begun;
include provision similar to any made by section 31, 32 or 33.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.