38 Provision of accommodation by NHS body
Mental Capacity Act 2005 (2005 c 9) | Legislation

38  Provision of accommodation by NHS body

(1) This section applies if an NHS body proposes to make arrangements—

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

(b) for a change in P's accommodation to another hospital or care home,

and is 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 it to consult in determining what would be in P's best interests.

(2) But this section does not apply if P is accommodated as a result of an obligation imposed on him under the Mental Health Act.

[(2A) And this section does not apply if—

(a) an independent mental capacity advocate must be appointed under section 39A or 39C (whether

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