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The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007
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- Wales Statutory Instruments
- 2007 No. 852 (W. 77)
- Regulation 7
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Challenges to decisions affecting persons who lack capacity
7.—(1) This regulation applies where an IMCA has been instructed to act and a decision (including a decision as to P’s capacity) is made in relation to a person (P).
(2) The IMCA has the same rights to challenge the decision as if he or she were a person (other than an IMCA) who—
(a)was entitled, in accordance with section 4(7)(b) of the Act, to be consulted in relation to a matter about which the IMCA is now instructed; or
(b)it would otherwise be appropriate for an NHS body or a local authority to consult.
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