The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006

Adult protection cases

4.—(1) The circumstances specified in this regulation are where—

(a) an NHS body proposes to take or has taken, or a local authority propose to take or have taken, protective measures in relation to a person (“P”) who lacks capacity to agree to one or more of the measures;

(b) the proposal is made or the measures have been taken—

(i) following the receipt of an allegation or evidence that P is being, or has been, abused or neglected by another person or that P is abusing, or has abused, another person, and

(ii) in accordance with arrangements relating to the protection of vulnerable adults from abuse which are made pursuant to guidance issued under section 7 of the Local Authority Social Services Act 1970(1); and

(c) none of the following provisions apply—

(i) section 37, 38 or 39 of the Act, or

(ii) regulation 3 of these Regulations.

(2) The reference to protective measures in relation to P includes measures to minimise the risk that any abuse or neglect of P, or abuse by P, will continue.

(1)

1970 c.42. Section 7 is amended by Schedule 30 to the Local Government Act 1972.