Section 40 ExceptionsF1I1
England and Wales
The duty imposed by section 37(3), 38(3) or (4) F3, 39(4) or (5), 39A(3), 39C(3) or 39D(2) does not apply where there is—
a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,
a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or
a deputy appointed by the court for P with power to make decisions in relation to those matters.
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.
Annotations
Textual amendments
- F1
S. 40 substituted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 49, 56; S.I. 2007/2798, art. 2(h)
- F2
S. 40 renumbered as s. 40(1) (1.4.2009) by virtue of The Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 7(2); S.I. 2009/139, art. 2(e) (with art. 3)
- F3
Words in s. 40(1) substituted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 7(3); S.I. 2009/139, art. 2(e) (with art. 3)
- F4
S. 40(2) inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 7(4); S.I. 2009/139, art. 2(e) (with art. 3)
Commencement
- I1
S. 40 wholly in force at 1.10.2007; s. 40 not in force at Royal Assent see s. 68(1)-(3); s. 40 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 40 in force at 1.10.2007 for W. by S.I. 2007/856, art. 5
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)