# Mental Health Act 2007, Section 49: Independent mental capacity advocacy service: exceptions


For section 40 of the Mental Capacity Act 2005 (c. 9) (independent mental capacity advocacy service: exceptions) substitute—
“Exceptions
40 The duty imposed by section 37(3), 38(3) or (4) or 39(4) or (5) does not apply where there is—
(a) a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,
(b) a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or
(c) a deputy appointed by the court for P with power to make decisions in relation to those matters.”

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Source: https://www.legislation.gov.uk/ukpga/2007/12/section/49 (the official version)
Page: https://openlegislation.uk/mental-health-act-2007/section-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.