Mental Health and Mental Capacity (Advocacy) Amendment (England) Regulations 2009

These Regulations confirm that the activities of IMCAs and IMHAs are "regulated activities" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and require them to have an enhanced criminal record certificate from 12/10/09. In force 12/10/09.

Explanatory Note

These Regulations amend the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 (S.I. 2006/1832) and the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 (S.I. 2008/3166).

The effect of these amendments is that, for the purposes of deciding whether a person satisfies the requirement as to integrity and good character in connection with their appointment as an Independent Mental Capacity Advocate or an Independent Mental Health Advocate, an enhanced criminal record certificate which includes suitability information relating to vulnerable adults or children must be obtained.

A person who acts as an Independent Mental Capacity Advocate or an Independent Mental Health Advocate will engage in a regulated activity relating to vulnerable adults or children under the provisions of the Safeguarding Vulnerable Groups Act 2006 (c.47) (“the 2006 Act”). Suitability information relating to children and vulnerable adults will disclose whether a person is barred by the Independent Safeguarding Authority under the 2006 Act from engaging in such regulated activity as they are considered unsuitable to work with children or vulnerable adults.

External links

OPSI website: