SCHEDULES

F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment

Annotations:
Amendments (Textual)
F1

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

Part 5Appointment of IMCA

43Appointment of Independent Mental Capacity Advocate

1

If the cared-for person has an appropriate person, the responsible body must take all reasonable steps to appoint an IMCA to support the appropriate person if—

a

sub-paragraph (2) or (3) provides that an IMCA should be appointed, and

b

sub-paragraph (4) does not apply.

2

An IMCA should be appointed if the appropriate person—

a

has capacity to consent to being supported by an IMCA, and

b

makes a request to the responsible body for an IMCA to be appointed.

3

An IMCA should be appointed if—

a

the appropriate person lacks capacity to consent to being supported by an IMCA, and

b

the responsible body is satisfied the appropriate person’s being supported by an IMCA would be in the cared-for person’s best interests.

4

This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect.