The Additional Learning Needs (Wales) Regulations 2021

When a detained person who is a young person lacks capacity

38.  When a detained person who is a young person lacks capacity at the relevant time, the references in the provisions below are to be read as references to a representative of that young person—

(a) the reference to the detained person in the third place it occurs in section 40(4) of the 2018 Act;

(b) the reference to a detained person in the first place it occurs in section 40(5)(b) of the 2018 Act;

(c) the references in sections 41(2)(a) and 42(4) of the 2018 Act to a detained person who is a young person;

(d) the reference to a detained person in the first place it occurs in section 42(6) of the 2018 Act;

(e) the reference to a young person in the second place it occurs in regulation 18(4)(b);

(f) the reference to a detained person in the first place it occurs in regulation 18(6).