Section 41: Power to adjust role of independent mental capacity advocate

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

The appropriate authority may make regulations—

expanding the role of independent mental capacity advocates in relation to persons who lack capacity, and
adjusting the obligation to make arrangements imposed by section 35.

The regulations may, in particular—

prescribe circumstances (different to those set out in sections 37, 38 and 39) in which an independent mental capacity advocate must, or circumstances in which one may, be instructed by a person of a prescribed description to represent a person who lacks capacity, and
include provision similar to any made by section 37, 38, 39 or 40.

"Appropriate authority" has the same meaning as in section 35.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.