The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Eligibility – general

3.—(1) In addition to any requirement in regulations 4 to 9, a person is eligible to carry out an assessment where paragraphs (2) to (4) are met.

(2) The person must—

(a) be insured in respect of any liabilities that might arise in connection with carrying out the assessment; and

(b) satisfy the supervisory body(1) that he or she has such insurance.

(3) The supervisory body must be satisfied that the person has the skills and experience appropriate to the assessment to be carried out which must include, but are not limited to, the following—

(a) an applied knowledge of the Mental Capacity Act 2005 and related Code of Practice(2); and

(b) the ability to keep appropriate records and to provide clear and reasoned reports in accordance with legal requirements and good practice.

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

(a) an enhanced criminal record certificate issued under section 113B of the Police Act 1997(3) (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(4) (criminal record certificates).

(1)

The identity of the supervisory body is determined in accordance with paragraphs 128, 180 and 182 of Schedule A1 to the Mental Capacity Act 2005.

(2)

Published by The Stationery Office, ISBN 978 0 11 7037465. The current Code of Practice can also be found at www.publicguardian.gov.uk/mca/code-of-practice.htm.

(3)

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

(4)

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