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Mental Capacity Act 2005

Territorial Application: Wales

19.The National Assembly for Wales may make regulations under section 30 (research) and section 34 (loss of capacity during research project) and issue guidance under section 32(3). It may also make regulations under section 35 (appointment of independent mental capacity advocates), section 36 (functions of independent mental capacity advocates), section 37 (provision of serious medical treatment by NHS body) and 41 (power to adjust role of independent mental capacity advocate). Section 68(2) provides that sections 30 to 41 will come into force by order made by the National Assembly. Section 43(1) provides that the National Assembly must be consulted by the Lord Chancellor before a code of practice is prepared or revised.

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