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Section 39E Limitation on duty to instruct advocate under section 39DF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies if an advocate is already representing P in accordance with an instruction under section 39D.

(2)

Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met.

(3)

The first condition is that the existing advocate was instructed—

(a)

because of a request by R, or

(b)

because the supervisory body had reason to believe one or more of the things in section 39D(5).

(4)

The second condition is that the other advocate would be instructed because of a request by P.

Annotations

Textual amendments

F1

Ss. 39A-39E inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 6; S.I. 2009/139, art. 2(e) (with art. 3)

Notes on Part 1

Modifications

C1

Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)