The Special Educational Needs and Disability (Detained Persons) Regulations 2015

Where a young person lacks capacityE+W

This section has no associated Explanatory Memorandum

32.—(1) If the appropriate person is a young person and the young person lacks capacity at the relevant time, references in—

(a)Part 3 of the Act, and

(b)these Regulations

to the appropriate person are to be read as references to the alternative person.

(2) If the detained person is a young person and the young person lacks capacity at the relevant time—

(a)references to a detained person in the regulations listed in Part 1 of the Schedule are to be read as references to both the detained person and the alternative person, and

(b)references to a detained person in the regulation listed in Part 2 of the Schedule are to be read as references to the alternative person instead of the detained person.

(3) For the purposes of this regulation, “the alternative person” means—

(a)a representative of the detained person;

(b)the detained person's parent, where the detained person does not have a representative;

(c)a representative of the detained person's parent, where the detained person's parent also lacks capacity at the relevant time and the young person does not have a representative.