Part 1 Amendments to the Mental Capacity Act 2005

SCHEDULE 2 Minor and Consequential Amendments

Section 5(6)

Part 1 Amendments to the Mental Capacity Act 2005

1

The Mental Capacity Act 2005 is amended as follows.

2

°¿³¾¾±³Ù—

(a)     section 16A;

(b)     section 21A and the italic heading before it;

(c)     Schedules A1 and 1A.

3

In section 35(1) (appointment of independent mental capacity advocates), for “available to†to the end substitute “available to—

(a)     represent and support persons to whom acts or decisions proposed under sections 37, 38 and 39 relate,

(b)     represent and support cared-for persons where paragraph 42 of Schedule AA1 applies, and

(c)     support appropriate persons where paragraph 43 of Schedule AA1 applies.â€

4

(1)     Section 36 (functions of independent mental capacity advocates) is amended as follows.

(2)     In subsection (2)(a) leave out “(“Pâ€) so that P†and insert “or support so that that personâ€.

(3)     In subsection

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