{
  "url": "https://openlegislation.uk/additional-learning-needs-wales-regulations-2021/regulation-38",
  "json_url": "https://openlegislation.uk/additional-learning-needs-wales-regulations-2021/regulation-38.json",
  "legislation": "wsi/2021/401",
  "legislation_title": "The Additional Learning Needs (Wales) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/additional-learning-needs-wales-regulations-2021",
  "path": "regulation/38",
  "kind": "regulation",
  "number": "38",
  "heading": "When a detained person who is a young person lacks capacity",
  "text": "When a detained person who is a young person lacks capacity at the relevant time, the references in the provisions below are to be read as references to a representative of that young person—\n(a) the reference to the detained person in the third place it occurs in section 40(4) of the 2018 Act;\n(b) the reference to a detained person in the first place it occurs in section 40(5)(b) of the 2018 Act;\n(c) the references in sections 41(2)(a) and 42(4) of the 2018 Act to a detained person who is a young person;\n(d) the reference to a detained person in the first place it occurs in section 42(6) of the 2018 Act;\n(e) the reference to a young person in the second place it occurs in regulation 18(4)(b);\n(f) the reference to a detained person in the first place it occurs in regulation 18(6).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 38 in force at 1.9.2021, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2021/401/regulation/38",
    "retrieved_at": "2026-10-28T23:11:55.981324+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}