SCHEDULES
SCHEDULE 2Minor and consequential amendments
Part 1Amendments to the Mental Capacity Act 2005
5
1
Section 38 (provision of accommodation by NHS body) is amended as follows.
2
For subsection (2A) substitute—
2A
And this section does not apply if—
a
an independent mental capacity advocate is appointed under paragraph 42 of Schedule AA1 to represent and support P, and
b
the arrangements which are authorised or proposed under Schedule AA1 in respect of P include arrangements for P to be accommodated in the hospital or care home referred to in this section.
3
In subsection (3), in the opening words, after “arrangements” insert “
mentioned in subsection (1)
”
.
4
Omit subsection (10).