Sir, having read the excellent article by A. Dougall and J. Fiske, Access to special care dentistry, part 3. Consent and capacity (BDJ 2008; 205: 71–80), I would like to point out a perhaps unintentional oversight with regards to the Mental Capacity Act 2005 (MCA 2005).

The Mental Act 1983 (MHA 1983) has been reformed hence culminating in the Mental Health Act 2007 (MHA 2007). This amending act is far reaching and also substantially amends the MCA 2005. The main reforms are intended to come into force by October 2008, which is the proposed date for a new definition of mental disorder. Some provisions will not be introduced until even later, such as those on Independent Mental Health advocates (October 2009).1