# The Infected Blood Compensation Scheme Regulations 2025, Regulation 5: Meaning of “relevant person”


(1) In relation to a person (“E”) in respect of whom a specified activity is to be undertaken, the relevant person is E unless, on the date the specified activity is undertaken—
(a) E is under the relevant age, in which case the relevant person is a person with parental responsibility for E;
(b) E is the relevant age or older and lacks capacity to make some or all decisions about the specified activity, in which case the relevant person is a person who—
(i) has a power of attorney in relation to E,
(ii) is a deputy appointed in relation to E under section 16(2)(b) of the Mental Capacity Act 2005,
(iii) is a guardian appointed in relation to E under the Adults with Incapacity (Scotland) Act 2000,
(iv) is a controller appointed in relation to E under Article 101 of the Mental Health (Northern Ireland) Order 1986, or
(v) is authorised to exercise in relation to E powers corresponding to those of a person described in paragraphs (i) to (iv) which were granted by a court outside the United Kingdom;
(c) E is deceased, in which case the relevant person is E’s personal representative.
(2) In paragraph (1)—
“relevant age” means—
(a) in relation to a person in Scotland, 16;
(b) in relation to a person anywhere else, 18;
“specified activity” means—
(a) making an application or a decision in connection with an application,
(b) taking any step in connection with a review under regulation 83, or
(c) the making or repayment of an IBCS payment, an assigned care award payment or an IBCA support scheme payment.
(3) For the purposes of paragraph (1)(b), E lacks capacity to make a decision if, while the person is—
(a) in England and Wales, they lack capacity in relation to that decision for the purposes of section 2 of the Mental Capacity Act 2005;
(b) in Scotland, they are incapable in relation to that decision for the purposes of section 1 of the Adults with Incapacity (Scotland) Act 2000;
(c) outside England, Wales and Scotland (including outside the United Kingdom), at the material time E is unable to make the decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether permanent or temporary.
(4) For the purposes of paragraph (1)(c), the IBCA must not treat a person as E’s personal representative unless the IBCA has been provided with a document that is by law sufficient evidence of—
(a) the grant of probate of E’s will,
(b) the grant of letters of administration of E’s estate, or
(c) the confirmation of a person as E’s executor.

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Source: https://www.legislation.gov.uk/ukdsi/2025/9780348268843/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.