Regulation 7 Conditions requiring vettingI1
England and Wales
Where a local authority makes direct payments under section 50 of the Act to P because A lacks capacity, it must impose conditions as set out in this regulation.
The conditions are that P—
acts in the best interests of A when securing the provision of care and support; and
notifies the local authority if P believes that A no longer lacks capacity.
Where the circumstances in paragraph (4) apply the local authority must also impose a condition that P obtains—
an enhanced criminal record certificate issued under section 113B of the Police Act 1997 including suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act) or children (within the meaning of section 113BA of that Act); or
verification that a satisfactory certificate of that sort has been obtained,
in respect of any person from whom a service is secured being a service for which the direct payments are made.
The circumstances in which a local authority must impose the condition in paragraph (3) are that P is not—
a relative of A; or
a friend of A who is involved in the provision of care for A.