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Mental Health Act 2007
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- 2007 c. 12
- Part 2
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- Section 49
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49Independent mental capacity advocacy service: exceptionsU.K.
This section has no associated Explanatory Notes
For section 40 of the Mental Capacity Act 2005 (c. 9) (independent mental capacity advocacy service: exceptions) substitute—
“40Exceptions
The duty imposed by section 37(3), 38(3) or (4) or 39(4) or (5) 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.”
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