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Mental Capacity Act 2005

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Changes over time for: Section 40

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Changes to legislation:

Mental Capacity Act 2005, Section 40 is up to date with all changes known to be in force on or before 24 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

[F140ExceptionsE+W

This section has no associated Explanatory Notes

[F2(1)F2]The duty imposed by section 37(3), 38(3) or (4) [F3, 39(4) or (5), 39A(3), 39C(3) or 39D(2)]F3 does not apply where there is—

(a)a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,

(b)a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or

(c)a deputy appointed by the court for P with power to make decisions in relation to those matters.

[F4(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.F4F1]]

Textual Amendments

F2S. 40 renumbered as s. 40(1) (1.4.2009) by virtue of The Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 7(2); S.I. 2009/139, art. 2(e) (with art. 3)

F3Words in s. 40(1) substituted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 7(3); S.I. 2009/139, art. 2(e) (with art. 3)

Commencement Information

I1S. 40 wholly in force at 1.10.2007; s. 40 not in force at Royal Assent see s. 68(1)-(3); s. 40 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 40 in force at 1.10.2007 for W. by S.I. 2007/856, art. 5

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