4.—(1) The circumstances specified in this regulation are where—
(a)an NHS body proposes to take or has taken, or a local authority propose to take or have taken, protective measures in relation to a person (“P”) who lacks capacity to agree to one or more of the measures;
(b)the proposal is made or the measures have been taken—
(i)following the receipt of an allegation or evidence that P is being, or has been, abused or neglected by another person or that P is abusing, or has abused, another person, and
(ii)in accordance with arrangements relating to the protection of vulnerable adults from abuse which are made pursuant to guidance issued under section 7 of the Local Authority Social Services Act 1970(1); and
(c)none of the following provisions apply—
(i)section 37, 38 or 39 of the Act, or
(ii)regulation 3 of these Regulations.
(2) The reference to protective measures in relation to P includes measures to minimise the risk that any abuse or neglect of P, or abuse by P, will continue.
1970 c.42. Section 7 is amended by Schedule 30 to the Local Government Act 1972.