SCHEDULEAmendments in consequence of provisions of the Care Act 2014 and the Children and Families Act 2014

Mental Capacity Act 2005 (c. 9)79

1

Section 39 (provision of accommodation by local authority) is amended as follows.

2

After subsection (1) insert—

1A

But this section applies only if—

a

in the case of a local authority in England, subsection (1B) applies;

b

in the case of a local authority in Wales, subsection (2) applies.

3

After subsection (1A) (inserted by paragraph (2)) insert—

1B

This subsection applies if the accommodation is to be provided in accordance with—

a

Part 1 of the Care Act 2014, or

b

section 117 of the Mental Health Act.

4

In subsection (2), for “But this section applies only” substitute “This subsection applies”.