Textual Amendments
F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )
142E+WAppointment regulations may provide that the procedure for appointing a representative may begin at any time after a request for a standard authorisation is made (including a time before the request has been disposed of).
143(1)Appointment regulations may make provision about who is to select a person for appointment as a representative.E+W
(2)But regulations under this paragraph may only provide for the following to make a selection—
(a)the relevant person, if he has capacity in relation to the question of which person should be his representative;
(b)a donee of a lasting power of attorney granted by the relevant person, if it is within the scope of his authority to select a person;
(c)a deputy, if it is within the scope of his authority to select a person;
(d)a best interests assessor;
(e)the supervisory body.
(3)Regulations under this paragraph may provide that a selection by the relevant person, a donee or a deputy is subject to approval by a best interests assessor or the supervisory body.
(4)Regulations under this paragraph may provide that, if more than one selection is necessary in connection with the appointment of a particular representative—
(a)the same person may make more than one selection;
(b)different persons may make different selections.
(5)For the purposes of this paragraph a best interests assessor is a person carrying out a best interests assessment in connection with the standard authorisation in question (including the giving of that authorisation).
144(1)Appointment regulations may make provision about who may, or may not, be—E+W
(a)selected for appointment as a representative, or
(b)appointed as a representative.
(2)Regulations under this paragraph may relate to any of the following matters—
(a)a person's age;
(b)a person's suitability;
(c)a person's independence;
(d)a person's willingness;
(e)a person's qualifications.
145E+WAppointment regulations may make provision about the formalities of appointing a person as a representative.
146E+WIn a case where a best interests assessor is to select a person to be appointed as a representative, appointment regulations may provide for the variation of the assessor's duties in relation to the assessment which he is carrying out.]