Explanatory Notes

Mental Capacity Act 2005

2005 CHAPTER 9

7 April 2005

Commentary on Sections

Part 1: Persons Who Lack Capacity

Independent mental capacity advocate service

Section 41: Power to adjust role of independent mental capacity advocate

126.This section provides that the scope of the independent mental capacity advocacy service can be extended, by regulations made for England by the Secretary of State or for Wales by the National Assembly for Wales, to other sets of circumstances. Such regulations would follow consultation about where the involvement of an IMCA might prove useful. Regulations made by the Secretary of State will be subject to the affirmative procedure in Parliament (see section 65).

 Miscellaneous and supplementary