C1PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES

Annotations:
Modifications etc. (not altering text)
C1

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))

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.