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Welfare Reform Act 2009

Welfare Reform Act 2009

2009 CHAPTER 24

Commentary on Sections

Part 2: Disabled people: Right to control provision of services

Section 43: Exercise of rights on behalf of persons who lack capacity

215.This section enables regulations which make provision for the right to control to be exercised on behalf of a disabled person where the person lacks mental capacity to take decisions. It defines this concept by reference to the Mental Capacity Act 2005 in relation to England and Wales and the Adults with Incapacity (Scotland) Act 2000 in relation to Scotland.

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