# The Additional Learning Needs (Wales) Regulations 2021, Regulation 38: When a detained person who is a young person lacks capacity

Extent: E+W

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—
(a) the reference to the detained person in the third place it occurs in section 40(4) of the 2018 Act;
(b) the reference to a detained person in the first place it occurs in section 40(5)(b) of the 2018 Act;
(c) the references in sections 41(2)(a) and 42(4) of the 2018 Act to a detained person who is a young person;
(d) the reference to a detained person in the first place it occurs in section 42(6) of the 2018 Act;
(e) the reference to a young person in the second place it occurs in regulation 18(4)(b);
(f) the reference to a detained person in the first place it occurs in regulation 18(6).

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Source: https://www.legislation.gov.uk/wsi/2021/401/regulation/38 (the official version)
Page: https://openlegislation.uk/additional-learning-needs-wales-regulations-2021/regulation-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.