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Mental Health Act 2007

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Changes over time for: Section 49

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There are currently no known outstanding effects for the Mental Health Act 2007, Section 49. Help about Changes to Legislation

49Independent mental capacity advocacy service: exceptionsU.K.

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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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