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The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007

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Review of arrangements as to accommodation

8.—(1) This regulation applies where—

(a)an NHS body or a local authority has made arrangements for the provision of accommodation in a hospital or care home for a person (P) who lacks capacity;

(b)an IMCA has been instructed in relation to those arrangements in pursuance of sections 38 or 39 of the Act; and

(c)that accommodation has been provided for P for a continuous period of 12 weeks or more.

(2) Subject to paragraphs (4) and (5), any NHS body or local authority that—

(a)proposes to review P’s accommodation arrangements (whether under a care plan or otherwise);

(b)is satisfied that there is no person, other than a person engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P’s best interests; and

(c)is satisfied that it would be of benefit to P to be so represented and supported,

may instruct a person to act as an IMCA in relation to P.

(3) Where an NHS body or a local authority instructs an IMCA under this regulation it must, in making any decision resulting from a review of arrangements for P’s accommodation, take into account any information given or submissions made, by the IMCA.

(4) An IMCA may not be instructed under this regulation where an IMCAhas been instructed in accordance with sections 37, 38 or 39 of the Act or regulation 9.

(5) An IMCA may not be instructed under this regulation where there is—

(a)a person nominated by P (in whatever manner) as a person to be consulted in matters affecting P’s interest;

(b)a donee of a lasting power of attorney created by P;

(c)a deputy appointed by the Court of Protection for P; or

(d)a donee of an enduring power of attorney (within the meaning of Schedule 4 of the Act) created by P.

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