The Government's proposals for making decisions on behalf of mentally incapacitated adults. A Report issued in the light of responses to the consultation paper Who Decides? Presented to Parliament by the Lord High Chancellor by Command of Her Majesty (Cm 4465) October 1999
These Regulations define "NHS body" and "serious medical treatment" for the purposes of certain provisions the Mental Capacity Act 2005 ("the Act") which deal with independent mental capacity advocates ("IMCAs"). The Regulations also contain provision as to who can be appointed to act as an IMCA and as to an IMCA's functions when he has been instructed to represent a person in a particular case. The provisions about the IMCA's appointment and functions apply where the IMCA is instructed under sections 37 to 39 of the Act or under regulations made by virtue of section 41 of the Act (see regulation 2(2)).