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The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Amendment) Regulations 2008
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- 2008 No. 2368
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EXPLANATORY NOTE
(This note is not part of the Regulations)
The Mental Capacity Act 2005 provides for the deprivation of liberty of people who lack capacity to consent to arrangements proposed for their care in care homes and hospitals where authorisation under section 4A of and Schedule A1 to the Act exists.
These Regulations amend the provision in regulation 9(1)(f) of the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008 (SI 2008/1315) that provides that a supervisory body may select a person to be a representative who 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. The amendment in these Regulations broadens this restriction by providing that a supervisory body can select a person to be a representative if they are not employed by the supervisory body.
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