Section 41 Power to adjust role of independent mental capacity advocateI1

(1)

The appropriate authority may make regulations—

(a)

expanding the role of independent mental capacity advocates in relation to persons who lack capacity, and

(b)

adjusting the obligation to make arrangements imposed by section 35.

(2)

The regulations may, in particular—

(a)

prescribe circumstances (different to those set out in sections 37, 38 and 39) in which an independent mental capacity advocate must, or circumstances in which one may, be instructed by a person of a prescribed description to represent a person who lacks capacity, and

(b)

include provision similar to any made by section 37, 38, 39 or 40.

(3)

“Appropriate authority” has the same meaning as in section 35.

Annotations

Commencement

I1: S. 41 wholly in force at 1.10.2007; s. 41 not in force at Royal Assent see s. 68(1)-(3); s. 41 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 41 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)