Paragraph 36 Adult Placement Schemes (England) Regulations 2004

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 para. 28-30 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
Sch. 1 para. 16 revoked by Church of England Pensions Measure 2018 Sch. 5
Sch. 1 para. 36 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
sch 1 rev in pt by Allocation and Transfer of Proceedings 2008 art 27, sch 2

(1)

The Adult Placement Schemes (England) Regulations 2004^f1 are amended in accordance with this paragraph.

(2)

In regulation 2 (interpretation), in the appropriate alphabetical position, insert—

(a)

“ “the 2005 Act” means the Mental Capacity Act 2005 (c.9);”; and

(b)

“ “lacks capacity” means lacks capacity within the meaning of the 2005 Act;”.

(3)

In regulation 17 (carer agreements), for paragraph (2)(e) substitute—

“(e)
specifies that a service user is not to be subject to physical restraint unless—

(i)
restraint of the kind employed is the only practicable means of securing the welfare of that, or another, service user; or

(ii)
in the case of a person who lacks capacity in relation to the matter in question, the act meets the conditions of section 6 of the 2005 Act;”

(4)

In regulation 19 (adult placement carer handbook), for paragraph (3)(c) substitute—

“(c)
that a service user is not to be subject to physical restraint unless—

(i)
restraint of the kind employed is the only practicable means of securing the welfare of that, or another, service user, or

(ii)
in the case of a person who lacks capacity in relation to the matter in question, the act meets the conditions of section 6 of the 2005 Act;”.

Annotations

Footnotes

f1: S.I. 2004/2071, to which there are amendments not relevant to these Regulations.