C1Part 1Persons who lack capacity
Research
I134Loss of capacity during research project
1
This section applies where a person (“P”)—
a
has consented to take part in a research project begun before the commencement of section 30, but
b
before the conclusion of the project, loses capacity to consent to continue to take part in it.
2
The appropriate authority may by regulations provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—
a
the project satisfies prescribed requirements,
b
any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity, and
c
the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting him.
3
The regulations may, in particular,—
a
make provision about when, for the purposes of the regulations, a project is to be treated as having begun;
b
include provision similar to any made by section 31, 32 or 33.
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)