Mental Capacity Act 2005

This section has no associated Explanatory Notes

[F1130(1)This paragraph applies to regulations under paragraph 129(3).E+W

(2)The regulations may make provision relating to a person's—

(a)qualifications,

(b)skills,

(c)training,

(d)experience,

(e)relationship to, or connection with, the relevant person or any other person,

(f)involvement in the care or treatment of the relevant person,

(g)connection with the supervisory body, or

(h)connection with the relevant hospital or care home, or with any other establishment or undertaking.

(3)The provision that the regulations may make in relation to a person's training may provide for particular training to be specified by the appropriate authority otherwise than in the regulations.

(4)In sub-paragraph (3) the “appropriate authority” means—

(a)in relation to England: the Secretary of State;

(b)in relation to Wales: the National Assembly for Wales.

(5)The regulations may make provision requiring a person to be insured in respect of liabilities that may arise in connection with the carrying out of an assessment.

(6)In relation to cases where two or more assessments are to be obtained for the purposes of the relevant procedure, the regulations may limit the number, kind or combination of assessments which a particular person is eligible to carry out.

(7)Sub-paragraphs (2) to (6) do not limit the generality of the provision that may be made in the regulations.]

Textual Amendments

F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )