For section 40 of the Mental Capacity Act 2005 (c. 9) (independent mental capacity advocacy service: exceptions) substitute—

“40Exceptions

The duty imposed by section 37(3), 38(3) or (4) or 39(4) or (5) does not apply where there is—

(a)

a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,

(b)

a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or

(c)

a deputy appointed by the court for P with power to make decisions in relation to those matters.”