# The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007, Paragraph 34: National Health Service (Complaints) Regulations 2004


In regulation 8 (person who may make complaints) of the National Health Service (Complaints) Regulations 2004—
(a) in paragraph (2)(c), omit “or mental” and “or”;
(b) after paragraph(2)(c), insert—
“(cc) is unable because he lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) to make the complaint himself; or”;
(c) in paragraph (3), after “who is” insert “physically”; and
(d) after paragraph (3) insert—
“(3A) In the case of a patient or person affected who lacks capacity within the meaning of the Mental Capacity Act 2005 the representative must be either a person appointed or authorised to act on his behalf under the 2005 Act or another person who, in the opinion of the complaints manager, had or has a sufficient interest in his welfare and is a suitable person to act as representative”.

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Source: https://www.legislation.gov.uk/uksi/2007/1898/schedule/1/paragraph/34 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005-transitional-and-consequential-provisions-order-2007/schedule-1/paragraph-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.