Schedules Schedule 1: Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005 Part 5: Appointment of IMCA
The effect of paragraphs 41 to 43 of Schedule AA1 is that from the point that arrangements are proposed under the Schedule to the point when the authorisation comes to an end, if the relevant criteria apply, the person must be represented and supported either by an "appropriate person" (see paragraph 42(5)) or an Independent Mental Capacity Advocate ("IMCA").
	A responsible body must take all reasonable steps to appoint an IMCA if either of paragraph 42(2) or (3) apply, unless there is an appropriate person who would be suitable to represent and support the person, who consents to being appointed and is not engaged in providing care or treatment to the person in a professional role (sub-paragraph (5)). Sub-paragraph (2) applies if the person has capacity to consent to being represented by an IMCA, and makes a request for one. Sub-paragraph (3) applies if the person lacks the capacity to consent, unless the responsible body is satisfied that the appointment of an IMCA would not be in the person’s best interests. Paragraph 43 sets out the circumstances in which the appropriate person must themselves be provided with an IMCA.