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13. (1) For the purposes of section 21G(6) of the 1995 Act, failure to comply with a duty set out in any of regulations 6 to 9 is justified only if—
(a)in the opinion of the association, one or both of the conditions mentioned in paragraph (2) are satisfied; and
(b)it is reasonable, in all the circumstances, for it to hold that opinion.
(2) The conditions are that—
(a)the non-compliance with the duty is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);
(b)subject to paragraph (3), the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the non-compliance with the duty is reasonable in that case.
(3) The condition at paragraph (2)(b) shall not apply where another person is acting for a disabled person by virtue of—
(a)a power of attorney; or
(b)functions conferred by or under Part 7 of the Mental Health Act 1983; or
(c)powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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