Mental Health Act 2007 (c. 12)

SCHEDULES

SCHEDULE 9 U.K. Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

Part 1 U.K. Other amendments to Mental Capacity Act 2005

Section 38: IMCAs and provision of accommodation by NHS body U.K.

4 (1) Section 38 is amended as follows. U.K.

(2) After subsection (2) insert—

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

(a) an independent mental capacity advocate must be appointed under section 39A or 39C (whether or not by the NHS body) to represent P, and

(b) the hospital or care home in which P is to be accommodated under the arrangements referred to in this section is the relevant hospital or care home under the authorisation referred to in that section.”

(3) After subsection (9) insert—

“(10) For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration.”