SCHEDULES
SCHEDULE 9Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005
Part 1Other amendments to Mental Capacity Act 2005
Section 38: IMCAs and provision of accommodation by NHS body
4
1
Section 38 is amended as follows.
2
After subsection (2) insert—
2A
And this section does not apply if—
a
an independent mental capacity advocate must be appointed under section 39A or 39C (whether or not by the NHS body) to represent P, and
b
the hospital or care home in which P is to be accommodated under the arrangements referred to in this section is the relevant hospital or care home under the authorisation referred to in that section.
3
After subsection (9) insert—
10
For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration.