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).