Part 1

Persons who lack capacity

Independent mental capacity advocate service

Power to adjust role of independent mental capacity advocate
41
1
The appropriate authority may make regulations—
a
expanding the role of independent mental capacity advocates in relation to persons who lack capacity, and
b
adjusting the obligation to make arrangements imposed by section 35.
2
The regulations may, in particular—
a
prescribe circumstances (different to those set out in sections 37, 38 and 39) in which an independent mental capacity advocate must, or circumstances in which one may, be instructed by a person of a prescribed description to represent a person who lacks capacity, and
b
include provision similar to any made by section 37, 38, 39 or 40.
3
“Appropriate authority” has the same meaning as in section 35.
S. 41 wholly in force at 1.10.2007; s. 41 not in force at Royal Assent see s. 68(1)-(3); s. 41 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 41 in force at 1.10.2007 for W. by S.I. 2007/856, art. 5
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)