Website of the Department of Health
Please note that this website has a UK government access keys system.
Page menu
You are here:
IMCA regulations
-
Last modified date:10 September 2007
There are two sets of Regulations on the IMCA service in England and one set of Regulations in Wales. The regulations outline how the IMCA service will be set up.
The Mental Capacity Act 2005 (Independent Mental Capacity Advocate) (General) Regulations 2006
These regulations (SI: 2006 No. 1832) set out the details on how the IMCA will be appointed, the functions of the IMCA, including their role in challenging the decision-maker and include definitions of 'serious medical treatment' and 'NHS body'.
The Mental Capacity Act 2005 (Independent Mental Capacity Advocate) (Expansion of Role) Regulations 2006
These regulations (SI: 2006 No. 2883) give local authorities and NHS bodies new powers to instruct IMCAs in care reviews and in adult protection cases.
The Regulations come into force on 1 November 2006 for the purpose of allowing commissioners and independent advocacy organisations, who will be tendering to provide the IMCA service, time to make the necessary arrangements for implementation in April 2007 and on 1 April 2007 for all other purposes.
The Mental Capacity Act 2005 (Independent Mental Capacity Advocate) (Wales) Regulations 2007
These will remain in draft form until they are made by the National Assembly for Wales but have been drafted to give effect to similar and corresponding provisions to the regulations in England. The target coming into force date is 1 April 2007.
Adult protection, care reviews and IMCA: Guidance on interpreting the regulations extending the IMCA role
The MCA Regulations extend the powers of LAs and the NHS to instruct IMCAs in certain cases of accommodation reviews and adult protection cases. LAs and the NHS have a duty to decide in which cases would IMCAs most benefit their clients. The most effective way to do this is for LAs and the NHS to prepare local guidance for their staff, to assist them in identifying those would most benefit. It would be unlawful not to consider the exercise of these powers to instruct IMCAs for accommodation reviews and adult protection where the qualifying criteria are met.
Access keys
