{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/section-39E",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/section-39E.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "section/39E",
  "kind": "section",
  "number": "39E",
  "heading": "Limitation on duty to instruct advocate under section 39D",
  "text": "(1) This section applies if an advocate is already representing P in accordance with an instruction under section 39D.\n(2) Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met.\n(3) The first condition is that the existing advocate was instructed—\n(a) because of a request by R, or\n(b) because the supervisory body had reason to believe one or more of the things in section 39D(5).\n(4) The second condition is that the other advocate would be instructed because of a request by P.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ukpga/2019/18",
      "affecting_title": "Mental Capacity (Amendment) Act 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/section/39E",
    "retrieved_at": "2026-10-29T09:16:24.228713+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}