Mental Capacity Act 2005

Rights to information etcU.K.

This section has no associated Explanatory Notes

[F116(1)After authorising arrangements the responsible body must, without delay, arrange for a copy of the authorisation record to be given or sent to—

(a)the cared-for person,

(b)any independent mental capacity advocate appointed under paragraph 42 to represent and support the cared-for person,

(c)any person within paragraph 42(5) in respect of the cared-for person (the “appropriate person”), and

(d)any independent mental capacity advocate appointed under paragraph 43 to support the appropriate person.

(2)If the responsible body has not, within 72 hours of arrangements being authorised, arranged for a copy of the authorisation record to be given or sent to each of the persons mentioned in paragraphs (a) to (d) of sub-paragraph (1), the responsible body must review and record why not.

(3)As soon as practicable after authorising arrangements, the responsible body must take such steps as are practicable and appropriate, having regard to the steps taken under paragraph 15 and the length of time since they were taken, to ensure that the cared-for person and any appropriate person understands the matters mentioned in paragraph 14(2)(a), (c), (d), (f), and (g) as they apply in relation to the cared-for person’s case.]

Textual Amendments

F1Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1