SCHEDULESF1F1
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 11IMCAs
Section 39A IMCA: restriction of functions
161
1
This paragraph applies if—
a
there is a section 39A IMCA, and
b
a person is appointed under Part 10 to be the relevant person's representative (whether or not that person, or any person subsequently appointed, is currently the relevant person's representative).
2
The duties imposed on, and the powers exercisable by, the section 39A IMCA do not apply.
3
The duties imposed on, and the powers exercisable by, any other person do not apply, so far as they fall to be performed or exercised towards the section 39A IMCA.
4
But sub-paragraph (2) does not apply to any power of challenge exercisable by the section 39A IMCA.
5
And sub-paragraph (3) does not apply to any duty or power of any other person so far as it relates to any power of challenge exercisable by the section 39A IMCA.
6
Before exercising any power of challenge, the section 39A IMCA must take the views of the relevant person's representative into account.
7
A power of challenge is a power to make an application to the court to exercise its jurisdiction under section 21A in connection with the giving of the standard authorisation.