{
  "url": "https://openlegislation.uk/care-and-support-direct-payments-wales-regulations-2015/regulation-5",
  "json_url": "https://openlegislation.uk/care-and-support-direct-payments-wales-regulations-2015/regulation-5.json",
  "legislation": "wsi/2015/1815",
  "legislation_title": "The Care and Support (Direct Payments) (Wales) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/care-and-support-direct-payments-wales-regulations-2015",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Duty to consult and take other steps for persons without capacity",
  "text": "Before considering whether direct payments are an appropriate way of meeting the needs of A where A is an adult without capacity, a local authority must—\n(a) consult—\n(i) anyone named by A as someone to be consulted on the issue;\n(ii) anyone engaged in caring for A or with a significant interest in A’s welfare;\n(iii) P; and\n(iv) a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support;\n(b) where A is an adult who previously had capacity, consider, so far as reasonably practicable—\n(i) A’s past and present views, wishes and feelings and, in particular, any relevant written statement made by A while still with capacity;\n(ii) the beliefs and values which would be likely to influence A’s decision; and\n(iii) any other relevant factors that A would in the local authority’s view be likely to consider, if able to do so; and\n(c) obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997 in respect of P where P is an individual but is neither a relative of A nor a friend of A who is involved in A’s care.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 6.4.2016, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1997 c. 50."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2015/1815/regulation/5",
    "retrieved_at": "2026-10-28T23:32:39.543599+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."
}