# The Special Educational Needs (Personal Budgets) Regulations 2014, Regulation 16: Capacity


(1) Where the parent of a child for whom the local authority maintains an EHC plan lacks capacity within the meaning of the 2005 Act at the relevant time, references to a child’s parent in these Regulations are to be read as references to a representative of the parent within the meaning of section 80(6) of the 2014 Act.
(2) Where a young person lacks capacity within the meaning of the 2005 Act at the relevant time, references to a young person in these Regulations are to be read as references to a representative of the young person within the meaning of section 80(6) of the 2014 Act, other than the following references—
(a) regulation 6(b),
(b) regulation 8(2)(a) and (4)(b),
(c) regulation 13(1)(a) and (d), and
(d) regulation 15(1) (first reference).

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111114056/regulation/16 (the official version)
Page: https://openlegislation.uk/draft-special-educational-needs-personal-budgets-regulations-2014/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.