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34. In regulation 8 (person who may make complaints) of the National Health Service (Complaints) Regulations 2004(1)—
(a)in paragraph (2)(c), omit “or mental” and “or”;
(b)after paragraph(2)(c), insert—
“(cc)is unable because he lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) to make the complaint himself; or”;
(c)in paragraph (3), after “who is” insert “physically”; and
(d)after paragraph (3) insert—
“(3A) In the case of a patient or person affected who lacks capacity within the meaning of the Mental Capacity Act 2005 the representative must be either a person appointed or authorised to act on his behalf under the 2005 Act or another person who, in the opinion of the complaints manager, had or has a sufficient interest in his welfare and is a suitable person to act as representative”.
S.I.2004/1768; to which there are amendments not relevant to this Order.
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