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Regulation 11 Relevant resident’s representativeI1

England and Wales

(1)

In the provisions set out in paragraph (2), a reference to the relevant resident includes a reference to the relevant resident’s representative.

(2)

The provisions are—

(a)

regulation 6(1)(b), for the purpose of making a request;

(b)

the opening words of regulation 7(1);

(d)

regulation 9(4)(b);

(3)

In paragraph (1), the “relevant resident’s representative” means—

(a)

a person with parental responsibility for the relevant resident;

(b)

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—

(i)

the attorney under a registered enduring power of attorney which relates to that resident,

(ii)

the donee of a lasting power of attorney which relates to that resident, or

(iii)

a deputy appointed in relation to that resident by the Court of Protection.

(4)

For the purposes of paragraph (3)—

(a)

“parental responsibility” has the same meaning as in section 3 of the Children Act 1989f1;

(b)

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

I1

Reg. 11 in force at 6.4.2026, see reg. 1(2)

Footnotes

f1

1989 c. 41.

f2

2005 c. 9.