Mental Capacity Act 2005 (c. 9)

SCHEDULES

[F1 SCHEDULE AA1 U.K. Deprivation of liberty: authorisation of arrangements enabling care and treatment

Textual Amendments

F1 Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 5 U.K. Appointment of IMCA

Appointment of Independent Mental Capacity Advocate U.K.

43 (1) If the cared-for person has an appropriate person, the responsible body must take all reasonable steps to appoint an IMCA to support the appropriate person if— U.K.

(a) sub-paragraph (2) or (3) provides that an IMCA should be appointed, and

(b) sub-paragraph (4) does not apply.

(2) An IMCA should be appointed if the appropriate person—

(a) has capacity to consent to being supported by an IMCA, and

(b) makes a request to the responsible body for an IMCA to be appointed.

(3) An IMCA should be appointed if—

(a) the appropriate person lacks capacity to consent to being supported by an IMCA, and

(b) the responsible body is satisfied the appropriate person's being supported by an IMCA would be in the cared-for person's best interests.

(4) This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect.]