xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

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 10E+WRelevant person's representative

Appointment regulationsE+W

143(1)Appointment regulations may make provision about who is to select a person for appointment as a representative.E+W

(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).]