# The Care and Support (Direct Payments) (Wales) Regulations 2015, Regulation 5: Duty to consult and take other steps for persons without capacity

Extent: E+W

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—
(a) consult—
(i) anyone named by A as someone to be consulted on the issue;
(ii) anyone engaged in caring for A or with a significant interest in A’s welfare;
(iii) P; and
(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;
(b) where A is an adult who previously had capacity, consider, so far as reasonably practicable—
(i) A’s past and present views, wishes and feelings and, in particular, any relevant written statement made by A while still with capacity;
(ii) the beliefs and values which would be likely to influence A’s decision; and
(iii) any other relevant factors that A would in the local authority’s view be likely to consider, if able to do so; and
(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.

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Source: https://www.legislation.gov.uk/wsi/2015/1815/regulation/5 (the official version)
Page: https://openlegislation.uk/care-and-support-direct-payments-wales-regulations-2015/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.