Mental Health Act 2007 (c. 12)

SCHEDULES

SCHEDULE 9 Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

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

(4) After 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.”