Mental Capacity (Amendment) Act 2019 (c. 18)

Prospective

SCHEDULES

SCHEDULE 2 E+W Minor and consequential amendments

Part 1 E+W Amendments to the Mental Capacity Act 2005

5 (1) Section 38 (provision of accommodation by NHS body) is amended as follows. E+W

(2) For subsection (2A) substitute—

“(2A) And this section does not apply if—

(a) an independent mental capacity advocate is appointed under paragraph 42 of Schedule AA1 to represent and support P, and

(b) the arrangements which are authorised or proposed under Schedule AA1 in respect of P include arrangements for P to be accommodated in the hospital or care home referred to in this section.”

(3) In subsection (3), in the opening words, after “arrangements” insert “ mentioned in subsection (1) ”.

(4) Omit subsection (10).