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6. A person is eligible to carry out a mental capacity assessment(1) if that person is eligible to carry out—
(a)a mental health assessment; or
(b)a best interests assessment.
A mental capacity assessment is an assessment carried out under paragraph 37 of Schedule A1 to the Act.
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 and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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