SCHEDULES

F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment

Annotations:
Amendments (Textual)
F1

Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 4Approved Mental Capacity Professionals

39

Each local authority must make arrangements—

a

for persons to be approved as Approved Mental Capacity Professionals, and

b

to ensure that enough Approved Mental Capacity Professionals are available for its area.

40

1

The appropriate authority may by regulations—

a

prescribe the criteria which must be met for a person to be eligible for approval as an Approved Mental Capacity Professional;

b

prescribe matters which a local authority must or may take into account when deciding whether to approve a person as an Approved Mental Capacity Professional;

c

provide for a prescribed body to approve training for persons who are, or who wish to become, Approved Mental Capacity Professionals.

2

Regulations under sub-paragraph (1)(a) may include criteria relating to qualifications, training or experience.

3

If regulations made by the Secretary of State under sub-paragraph (1)(c) provide for Social Work England to approve training, the regulations may—

a

give Social Work England power to charge fees for approval;

b

give Social Work England power to make rules in relation to the charging of fees;

c

make provision in connection with the procedure for making those rules (including provision requiring Social Work England to obtain the Secretary of State’s approval before making rules).

4

Section 50(2) to (7) of the Children and Social Work Act 2017 apply for the purposes of sub-paragraph (3) as they apply for the purposes of that section.

5

“Prescribed” means prescribed by the regulations.

6

The “appropriate authority” means—

a

the Secretary of State, in relation to the approval of a person by, or a person approved by, a local authority whose area is in England, and

b

the Welsh Ministers, in relation to the approval of a person by, or a person approved by, a local authority whose area is in Wales.