SCHEDULES
F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment
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
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.
Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1