39 Provision of accommodation by local authority
Mental Capacity Act 2005 (2005 c 9) | Legislation

39  Provision of accommodation by local authority

(1)     This section applies if a local authority propose to make arrangements—

(a)     for the provision of residential accommodation for a person (“P”) who lacks capacity to agree to the arrangements, or

(b)     for a change in P's residential accommodation,

and are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate for them to consult in determining what would be in P's best interests.

[(1A)     But this section applies only if—

(a)     in the case of a local authority in England, subsection (1B) applies;

(b)     in the case of a local authority in Wales, subsection (2) applies.]

[(1B)

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