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The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006
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- ISBN 0-11-074825-5
- Regulation 5
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Instructing an IMCA
5.—(1) In the circumstances specified in regulation 3 or 4, an NHS body or local authority may instruct an IMCA to represent P if the NHS body is satisfied, or the local authority are satisfied, that it would be of particular benefit to P to be so represented.
(2) An NHS body which instructs, or a local authority which instruct, an IMCA under paragraph (1) must—
(a)in making any decision resulting from a review of arrangements as to P’s accommodation, or
(b)in making any decision, or further decision, about protective measures in relation to P,
take into account any information given, or submissions made, by the IMCA.
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