Mental Capacity Act 2005

Rights to information etcU.K.

This section has no associated Explanatory Notes

[F115(1)Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that—

(a)the cared-for person, and

(b)any appropriate person in relation to the cared-for person,

understands the matters mentioned in sub-paragraph (3).

(2)If, subsequently, at any time while the arrangements are being proposed the responsible body becomes satisfied under paragraph 42(5) that a person is an appropriate person in relation to the cared-for person, the responsible body must, as soon as practicable, take such steps as are practicable to ensure that the appropriate person understands the matters mentioned in sub-paragraph (3).

(3)Those matters are—

(a)the nature of the arrangements, and

(b)the matters mentioned in paragraph 14(2) as they apply in relation to the cared-for person’s case.

(4)If it is not appropriate to take steps to ensure that the cared-for person or any appropriate person understands a particular matter then, to that extent, the duties in sub-paragraphs (1) and (2) do not apply.

(5)In this paragraph “appropriate person”, in relation to a cared-for person, means a person within paragraph 42(5).]

Textual Amendments

F1Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1