{
  "url": "https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010/regulation-16",
  "json_url": "https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010/regulation-16.json",
  "legislation": "ukdsi/2010/9780111502310",
  "legislation_title": "The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Conditions for direct payment to suitable person",
  "text": "(1) This regulation sets out the conditions mentioned in regulation 15(4)(b).\n(2) Condition A is that, where the suitable person referred to in regulation 15(3) (“S”) is not a surrogate of P but there is a surrogate of P, the direct payments are made with the consent of a surrogate of P.\n(3) Condition B is that the responsible authority has, so far as reasonably practicable and appropriate, consulted and taken into account the views of—\n(a) anyone named by P as someone to be consulted on the matter of whether a direct payment should be made to S for the purpose of securing provision for P of community care services or on matters of that kind,\n(b) anyone engaged in the provision of care for P or interested in P’s welfare, and\n(c) any surrogate or other representative of P.\n(4) Condition C is that the responsible authority has, so far as they are ascertainable, considered—\n(a) P’s past and present wishes and feelings (and, in particular, any relevant written statement made by P when P had capacity to request the making of direct payments),\n(b) the beliefs and values that would be likely to influence P’s decision in relation to direct payments if P had such capacity, and\n(c) the other factors that P would be likely to consider if P were able to do so.\n(5) Condition D is that the responsible authority has obtained an enhanced criminal record certificate issued under section 113B of the Police Act 1997—\n(a) in respect of S where S is an individual and neither, in relation to P, a person mentioned in regulation 14(6) nor, as it appears to the responsible authority, a friend of P who is involved in the provision of care for P, or\n(b) where S is a body corporate or an unincorporated body of persons, in respect of the individual who will, on behalf of that body, have overall responsibility for the day-to-day management of P’s direct payments.\n(6) Condition E is that the responsible authority is satisfied that—\n(a) P’s need for the qualifying service can be met by securing the provision of it by means of a direct payment,\n(b) S appears to be capable of managing a direct payment alone or with such assistance as may be available to S,\n(c) S will act in the best interests, within the meaning of the Mental Capacity Act 2005, of P when securing the provision of services in respect of which the direct payment is made, and\n(d) in all the circumstances it is appropriate for a direct payment to be made to S.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 163(2) and was amended by the following enactments: the Policing and Crime Act 2009 (c.26), sections 97(2) and 112(2) and Schedule 8, Part 8; the Safeguarding Vulnerable Groups Act 2006 (c.47), section 63(1) and Schedule 9, Part 2, paragraph 14(1) and (3); the Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), articles 2 and 4(1) to (4); the Armed Forces Act 2006 (c.52), section 378(1), Schedule 16, paragraph 149 and the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regulation 8. There are other amendments not relevant to these Regulations."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111502310/regulation/16",
    "retrieved_at": "2026-10-30T14:54:47.738160+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."
}