Mental Health Act 2007 (c. 12)

SCHEDULES

SCHEDULE 9 U.K. Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

Part 1 U.K. Other amendments to Mental Capacity Act 2005

Section 40: Exceptions to duty to appoint IMCAs U.K.

7 (1) Section 40 (as substituted by section 49 of this Act) is amended as follows. U.K.

(2) The provision of section 40 becomes subsection (1) of section 40.

(3) [F1 In subsection (1) for “or 39(4) or (5)” substitute “ , 39(4) or (5), 39A(3), 39C(3) or 39D(2) ”.]

(4) [F1 After subsection (1) insert—

“(2) A person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.”]

Textual Amendments

F1 Sch. 9 para. 7(3)(4) omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 13