The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006

Appointment of independent mental capacity advocates

5.—(1) No person may be appointed to act as an IMCA for the purposes of sections 37 to 39 of the Act, or regulations made by virtue of section 41 of the Act, unless—

(a) he is for the time being approved by a local authority on the grounds that he satisfies the appointment requirements, or

(b) he belongs to a class of persons which is for the time being approved by a local authority on the grounds that all persons in that class satisfy the appointment requirements.

(2) The appointment requirements, in relation to a person appointed to act as an IMCA, are that—

(a) he has appropriate experience or training or an appropriate combination of experience and training;

(b) he is a person of integrity and good character; and

(c) he is able to act independently of any person who instructs him.

(3) Before a determination is made in relation to any person for the purposes of paragraph (2)(b), there must be obtained in respect of that person—

(a) an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(1); or

(b) if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act.

(1)

1997 c. 50. Sections 113A to 113D are inserted by section 163 of the Serious Organised Crime and Police Act 2005 (c. 14).