SCHEDULE Amendments in consequence of provisions of the Care Act 2014 and the Children and Families Act 2014

Mental Capacity Act 2005 (c. 9)

79.—(1) Section 39 (provision of accommodation by local authority) is amended as follows.

(2) After subsection (1) insert—

“(1A) But this section applies only if—

(a) in the case of a local authority in England, subsection (1B) applies;

(b) in the case of a local authority in Wales, subsection (2) applies.”

(3) After subsection (1A) (inserted by paragraph (2)) insert—

“(1B) This subsection applies if the accommodation is to be provided in accordance with—

(a) Part 1 of the Care Act 2014, or

(b) section 117 of the Mental Health Act.”

(4) In subsection (2), for “But this section applies only” substitute “This subsection applies”.