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MCA s40 text: Difference between revisions

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'''Exceptions'''
'''Exceptions'''


40. The duty imposed by section 37(3), 38(3) or (4) or 39(4) or (5) does not apply where there is—
40.—(1) The duty imposed by section 37(3), 38(3) or (4) [, 39(4) or (5), 39A(3), 39C(3) or 39D(2)]<ref name="MHA">[[Mental Health Act 2007]] s50; [[Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009]] wef 1/4/09</ref> 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.]<ref name="MHAC3">Substituted by [[Mental Health Act 2007]]; [[Mental Health Act 2007 (Commencement No. 3) Order 2007]] wef 1/10/07</ref>
 
{{mca-orig}}
<references/>
 
{{newmha}}
 
40.—(1) The duty imposed by section 37(3), 38(3) or (4) [, 39(4) or (5), 39A(3), 39C(3) or 39D(2)]<ref name="MHA">[[Mental Health Act 2007]]</ref> 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,
:(a) a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,

Revision as of 20:04, 31 March 2009

Exceptions

40.—(1) The duty imposed by section 37(3), 38(3) or (4) [, 39(4) or (5), 39A(3), 39C(3) or 39D(2)][1] 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.][2]

[(2) A person appointed under Part 10 of Schedule A1 to be P’s representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.][1]

Amendments

  1. ↑ Jump up to: 1.0 1.1 Mental Health Act 2007 s50; Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 wef 1/4/09
  2. ↑ Substituted by Mental Health Act 2007; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07
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