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Mental Health Act 2007
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7(1)Section 40 (as substituted by section 49 of this Act) is amended as follows.U.K.
(2)The provision of section 40 becomes subsection (1) of section 40.
(3)[F1In subsection (1) for “or 39(4) or (5)” substitute “ , 39(4) or (5), 39A(3), 39C(3) or 39D(2) ”.]
(4)[F1After subsection (1) insert—
“(2)A person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.”]
Textual Amendments
F1Sch. 9 para. 7(3)(4) omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 13
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