3Children and young persons who lack capacityS
This section has no associated Explanatory Notes
(1)For the purposes of this Act, a child or young person lacks capacity to do something if the child or young person is incapable of doing it by reason of mental illness, developmental disorder or learning disability or of inability to communicate because of a physical disability.
(2)However, a child or young person is not to be treated as lacking capacity by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise).
Commencement Information
I1S. 3 in force at 14.11.2005 by S.S.I. 2005/564, art. 2