Regulation 52 Criteria for determinations for full representation in relation to mental capacity proceedings

(1)

For the purposes of a relevant determination the criteria in—

(a)

regulation 39 (standard criteria for determinations for legal representation) and regulations 41(a) and (b), 42 and 43 (criteria for determinations for full representation) apply;

(b)

regulations 41(c) and 44 (multi-party action damages criterion) do not apply; and

(c)

paragraph (2) apply.

(2)

The Director must be satisfied that—

(a)

the Court of Protection has ordered, or is likely to order, an oral hearing; and

(b)

it is necessary for the individual to be provided with full representation in the proceedings.

(3)

In this regulation, a relevant determination is a determination for full representation in relation to any matter described in paragraph 5(1)(c) of Part 1 of Schedule 1 to the Act (mental capacity) in proceedings before the Court of Protection to the extent that they relate to—

(a)

a person’s right to life;

(b)

a person’s liberty or physical safety;

(c)

a person’s medical treatment (within the meaning of the Mental Health Act 1983^f1);

(d)

a person’s capacity to marry, to enter into a civil partnership or to enter into sexual relations; or

(e)

a person’s right to family life.

Annotations

Footnotes

f1: 1983 c.20.