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.

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.