{
  "url": "https://openlegislation.uk/mental-health-act-2007/section-49",
  "json_url": "https://openlegislation.uk/mental-health-act-2007/section-49.json",
  "legislation": "ukpga/2007/12",
  "legislation_title": "Mental Health Act 2007",
  "legislation_url": "https://openlegislation.uk/mental-health-act-2007",
  "path": "section/49",
  "kind": "section",
  "number": "49",
  "heading": "Independent mental capacity advocacy service: exceptions",
  "text": "For section 40 of the Mental Capacity Act 2005 (c. 9) (independent mental capacity advocacy service: exceptions) substitute—\n“Exceptions\n40 The duty imposed by section 37(3), 38(3) or (4) or 39(4) or (5) does not apply where there is—\n(a) a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,\n(b) a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or\n(c) a deputy appointed by the court for P with power to make decisions in relation to those matters.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2007/12/section/49",
    "retrieved_at": "2026-10-29T09:12:49.197749+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."
}