The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008

Selection by the supervisory body

9.—(1) Where a supervisory body is given notice under regulation 8(5), it may select a person to be the representative, who—

(a) would be performing the role in a professional capacity;

(b) has satisfactory skills and experience to perform the role;

(c) is not a family member, friend or carer of the relevant person;

(d) is not employed by, or providing services to, the relevant person’s managing authority, where the relevant person’s managing authority is a care home;

(e) is not employed to work in the relevant person’s managing authority in a role that is, or could be, related to the relevant person’s case, where the relevant person’s managing authority is a hospital; and

(f) is not employed to work in the supervisory body that is appointing the representative in a role that is, or could be, related to the relevant person’s case.

(2) The supervisory body must be satisfied that there is in respect of the person—

(a) an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(1)(enhanced criminal record certificates);or

(b) if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act(2) (criminal record certificates).

(1)

1997 (c.50). Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15).

(2)

Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005.