MCA 2005 s40
Mental Capacity Act 2005
(as amended)
Law as at 1/5/09
Part I contents: 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 18, 19, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 40, 41, 42, 43, 44
Without commentary: Plain text, Legislation.gov.uk
Law
Exceptions
40.—(1) The duty imposed by section 37(3), 38(3) or (4) [, 39(4) or (5), 39A(3), 39C(3) or 39D(2)][1] 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.][2]
[(2) A person appointed under Part 10 of Schedule A1 to be P’s representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.][1]
Amendments
- ↑ 1.0 1.1 Mental Health Act 2007 s50; Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 wef 1/4/09
- ↑ Substituted by Mental Health Act 2007; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07