Regulation 11 Relevant resident’s representativeI1
England and Wales
In the provisions set out in paragraph (2), a reference to the relevant resident includes a reference to the relevant resident’s representative.
The provisions are—
regulation 6(1)(b), for the purpose of making a request;
the opening words of regulation 7(1);
regulation 9(4)(b);
In paragraph (1), the “relevant resident’s representative” means—
a person with parental responsibility for the relevant resident;
where the relevant resident lacks capacity in relation to the matters to which the provisions set out in paragraph (2) relate, a person who is—
the attorney under a registered enduring power of attorney which relates to that resident,
the donee of a lasting power of attorney which relates to that resident, or
a deputy appointed in relation to that resident by the Court of Protection.
For the purposes of paragraph (3)—
“parental responsibility” has the same meaning as in section 3 of the Children Act 1989f1;
a relevant resident lacks capacity in relation to a matter if that resident lacks capacity in relation to it for the purposes of section 2 of the Mental Capacity Act 2005f2.
Annotations
Commencement
Footnotes
- f1
- f2