Paragraph 7

Section 40 (as substituted by section 49 of this Act) is amended as follows.

The provision of section 40 becomes subsection (1) of section 40.

F1In subsection (1) for “or 39(4) or (5)” substitute “ , 39(4) or (5), 39A(3), 39C(3) or 39D(2) ”.

After subsection (1) insert—

“(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.”