SCHEDULES

SCHEDULE A1E+W[F1Hospital and care home residents: deprivation of liberty]

Textual Amendments

F1Sch. A1 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)

[F1Part 9E+WAssessments under this Schedule

Supervisory body to select assessorE+W

130(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.

[F2(2A)In relation to England—

(a)the provision that the regulations may make in relation to a person's training in connection with best interests assessments includes provision for particular training to be specified by Social Work England or the Secretary of State otherwise than in the regulations;

(b)the provision that the regulations may make in relation to a person's training in connection with other assessments includes provision for particular training to be specified by the Secretary of State otherwise than in the regulations.

(2B)The regulations may give Social Work England power to charge fees for specifying any training as mentioned in sub-paragraph (2A)(a).

(2C)If the regulations give Social Work England power to charge fees, section 50(2) to (7) of the Children and Social Work Act 2017 apply for the purposes of sub-paragraph (2B) as they apply for the purposes of that section.]

(3)[F3In relation to Wales] the provision that the regulations may make in relation to a person's training may provide for particular training to be specified by [F4the Welsh Ministers] otherwise than in the regulations.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F2Sch. A1 para. 130(2A)-(2C) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 49(2), 70(2); S.I. 2018/346, reg. 4(q)

F3Words in Sch. A1 para. 130(3) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 49(3)(a), 70(2); S.I. 2018/346, reg. 4(q)

F4Words in Sch. A1 para. 130(3) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 49(3)(b), 70(2); S.I. 2018/346, reg. 4(q)

F5Sch. A1 para. 130(4) omitted (1.4.2018) by virtue of Children and Social Work Act 2017 (c. 16), ss. 49(4), 70(2); S.I. 2018/346, reg. 4(q)