PART 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 2

ADDITIONAL SAFEGUARDS FOR SERIOUS INTERVENTIONS

Nominated persons

Nominated person: need to have in place and consult
15
1
This section applies where the act mentioned in section 9(1) is, or is part of, a serious intervention (see section 63).
2
Section 9(2) (protection from liability) applies to the act only if the nominated person conditions (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) are met in relation to the act.
3
The nominated person conditions are that—
a
a nominated person is in place for P when D determines whether the act would be in P's best interests; and
b
in making that determination, D consults and takes into account the views of the nominated person to the extent required by section 7(7) (duty to consult where practicable and appropriate and to take views into account).
4
This section does not apply where the situation is an emergency (see section 65).
5
For the purposes of this section a nominated person “is in place for P” at a particular time if at that time there is someone who is P's nominated person (see section 69).
S. 15 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)