5(1)Section 39 is amended as follows.U.K.
(2)After subsection (3) insert—
“(3A)And this section does not apply if—
(a)an independent mental capacity advocate must be appointed under section 39A or 39C (whether or not by the local authority) to represent P, and
(b)the place in which P is to be accommodated under the arrangements referred to in this section is the relevant hospital or care home under the authorisation referred to in that section.”
(3)[F1After subsection (6) insert—
“(7)For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration.”]
Textual Amendments
F1Sch. 9 para. 5(3) omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 13