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.][1]
Amendments
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.
- ↑ Substituted by Mental Health Act 2007; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07
New law
Once the relevant parts of the Mental Health Act 2007 come into force, the text of this section will be as follows.
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
- ↑ Jump up to: 1.0 1.1 Mental Health Act 2007
- ↑ Substituted by Mental Health Act 2007; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07