Paragraph 27 Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001

For regulation 2(2) (services of an intimate nature and prescribed circumstances) of the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001^f1, substitute—

“(2)

Where a service (A) is being delivered to the person cared for, a service of an intimate nature may be provided if—

(a)

during the delivery of service A, the person cared for asks the person delivering that service to provide a service of an intimate nature;

(b)

the person lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to consent to the provision of a service of an intimate nature and it is provided in accordance with the principles of that Act; or

(c)

except where sub-paragraph (b) applies, the person cared for is in a situation in which he is likely to suffer serious personal harm unless a service of an intimate nature is provided to him and the person providing service A reasonably believes that it is necessary to provide a service of an intimate nature because the likelihood of serious personal harm to the person cared for is imminent.”.