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 40: Exceptions to duty to appoint IMCAs

7

1

Section 40 (as substituted by section 49 of this Act) is amended as follows.

2

The provision of section 40 becomes subsection (1) of section 40.

3

F1In subsection (1) for “or 39(4) or (5)” substitute “ , 39(4) or (5), 39A(3), 39C(3) or 39D(2) ”.

4

F1After subsection (1) insert—

2

A person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.