PART 1

PRINCIPLES

Establishing what is in a person's best interests

Compliance with section 2
8
1
This section applies where a person other than the court (“the relevant person”)—
a
does an act for or on behalf of another person who is 16 or over and lacks capacity in relation to whether the act should be done; or
b
makes a decision for or on behalf of another person who is 16 or over and lacks capacity to make the decision.
2
The relevant person is to be taken to have sufficiently complied with the principle in section 2(2) (act or decision must be in best interests) if that person—
a
reasonably believes that the act or decision is in the other person's best interests; and
b
in determining whether the act or decision is in the other person's best interests, has complied with section 7.
S. 8 in operation at 1.10.2019 for specified purposes by S.R. 2019/163, art. 2(1), Sch. Pt. 1 (with art. 3) (as amended by S.R. 2019/190, art. 2)
S. 8 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(3), Sch. Pt. 3 (as amended by S.R. 2019/190, art. 2)