Health and Social Care Act 2012 (c. 7)

SCHEDULES

SCHEDULE 5 E+W Part 1: amendments of other enactments

Mental Capacity Act 2005 (c. 9) E+W

134 E+W In section 35 (appointment of independent mental capacity advocates)—

(a) in subsection (1), for “appropriate authority” substitute “responsible authority”,

(b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and

(c) after subsection (6) insert—

“(6A) In subsections (1) and (4), “the responsible authority” means—

(a) in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and

(b) in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers.

(6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.”

Commencement Information

I1 Sch. 5 para. 134 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)