[F140ExceptionsE+W
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.F1]
Textual Amendments
F1S. 40 substituted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 49, 56; S.I. 2007/2798, art. 2(h)
Commencement Information
I1S. 40 wholly in force at 1.10.2007; s. 40 not in force at Royal Assent see s. 68(1)-(3); s. 40 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 40 in force at 1.10.2007 for W. by S.I. 2007/856, art. 5