SCHEDULES

SCHEDULE A1F1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. 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 10Relevant person's representative

Appointment regulations

143

1

Appointment regulations may make provision about who is to select a person for appointment as a representative.

2

But regulations under this paragraph may only provide for the following to make a selection—

a

the relevant person, if he has capacity in relation to the question of which person should be his representative;

b

a donee of a lasting power of attorney granted by the relevant person, if it is within the scope of his authority to select a person;

c

a deputy, if it is within the scope of his authority to select a person;

d

a best interests assessor;

e

the supervisory body.

3

Regulations under this paragraph may provide that a selection by the relevant person, a donee or a deputy is subject to approval by a best interests assessor or the supervisory body.

4

Regulations under this paragraph may provide that, if more than one selection is necessary in connection with the appointment of a particular representative—

a

the same person may make more than one selection;

b

different persons may make different selections.

5

For the purposes of this paragraph a best interests assessor is a person carrying out a best interests assessment in connection with the standard authorisation in question (including the giving of that authorisation).