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8.—(1) This regulation applies where the relevant person does not have capacity in relation to the question of which person should be his or her representative.
(2) Where—
(a)the relevant person has a donee or deputy(1), and
(b)it is within the authority of the donee or deputy to do so,
the donee or deputy may select a person to be appointed as a representative.
(3) Where a donee or deputy may select a person in accordance with paragraph (2) but does not do so, regulation 10 applies.
“deputy” is defined in section 64(1) of the Act.
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