C1PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES
Power to adjust role of independent mental capacity advocates
96Power to adjust role of independent mental capacity advocates
1
The Department may by regulations—
a
expand the role of independent mental capacity advocates in relation to persons who are 16 or over and lack capacity;
b
adjust the obligation to make arrangements imposed by section 86.
2
The regulations may in particular—
a
prescribe circumstances in which an independent mental capacity advocate must be instructed by a person of a prescribed description to represent and provide support to a person who lacks capacity;
b
prescribe circumstances in which an independent mental capacity advocate may be so instructed;
c
contain provision about the making of requests for independent mental capacity advocates to be instructed in prescribed circumstances;
d
contain provision about the functions of independent mental capacity advocates instructed in prescribed circumstances.
3
The regulations may make provision in any way that the Department considers appropriate and may in particular—
a
apply, or make provision corresponding to, any provision within subsection (4) (with or without modifications);
b
amend any provision of this Part.
4
The provisions are—
a
any provision of this Part;
b
any provision of regulations made under this Part;
c
any provision that could be made by regulations under this Part.
Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))