Chwilio Deddfwriaeth

Mental Capacity Act 2005

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 35

 Help about opening options

Status:

Point in time view as at 25/05/2018.

Changes to legislation:

Mental Capacity Act 2005, Section 35 is up to date with all changes known to be in force on or before 17 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

35Appointment of independent mental capacity advocatesE+W

This adran has no associated Nodiadau Esboniadol

(1)The [F1responsible authority] must make such arrangements as it considers reasonable to enable persons (“independent mental capacity advocates”) to be available to represent and support persons to whom acts or decisions proposed under sections 37, 38 and 39 relate [F2or persons who fall within section 39A, 39C or 39D].

(2)The appropriate authority may make regulations as to the appointment of independent mental capacity advocates.

(3)The regulations may, in particular, provide—

(a)that a person may act as an independent mental capacity advocate only in such circumstances, or only subject to such conditions, as may be prescribed;

(b)for the appointment of a person as an independent mental capacity advocate to be subject to approval in accordance with the regulations.

(4)In making arrangements under subsection (1), the [F3responsible authority] must have regard to the principle that a person to whom a proposed act or decision relates should, so far as practicable, be represented and supported by a person who is independent of any person who will be responsible for the act or decision.

(5)The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.

(6)For the purpose of enabling him to carry out his functions, an independent mental capacity advocate—

(a)may interview in private the person whom he has been instructed to represent, and

(b)may, at all reasonable times, examine and take copies of—

(i)any health record,

(ii)any record of, or held by, a local authority and compiled in connection with a social services function, and

(iii)any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14) [F4, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)],

which the person holding the record considers may be relevant to the independent mental capacity advocate's investigation.

[F5(6A) In subsections (1) and (4), “ the responsible authority ” means—

(a)in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and

(b)in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers.]

[F5(6B) In subsection (6A)(a), “ local authority ” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales. ]

(7)In this section, section 36 and section 37, “the appropriate authority” means—

(a)in relation to the provision of the services of independent mental capacity advocates in England, the Secretary of State, and

(b)in relation to the provision of the services of independent mental capacity advocates in Wales, the National Assembly for Wales.

Textual Amendments

F2Words in s. 35(1) inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 3; S.I. 2009/139, art. 2(e) (with art. 3)

Modifications etc. (not altering text)

Commencement Information

I1S. 35 wholly in force at 1.10.2007; s. 35 not in force at Royal Assent see s. 68(1)-(3); s. 35 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 35 in force at 1.10.2007 for W. by S.I. 2007/856, art. 5

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?