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Changes over time for: Paragraph 5
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Status:
This version of this part contains provisions that are prospective.
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Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Mental Capacity (Amendment) Act 2019, Paragraph 5.
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Changes to Legislation
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Prospective
This section has no associated Explanatory Notes
5(1)Section 38 (provision of accommodation by NHS body) is amended as follows.E+W
(2)For subsection (2A) substitute—
“(2A)And this section does not apply if—
(a)an independent mental capacity advocate is appointed under paragraph 42 of Schedule AA1 to represent and support P, and
(b)the arrangements which are authorised or proposed under Schedule AA1 in respect of P include arrangements for P to be accommodated in the hospital or care home referred to in this section.”
(3)In subsection (3), in the opening words, after “arrangements” insert “ mentioned in subsection (1) ”.
(4)Omit subsection (10).
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