The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Amendment) Regulations 2008
S.I. 2008/2368 · Made 5 September 2008
This Statutory Instrument has been made in consequence of a defect in SI 2008/1315 and is being issued free of charge to all known recipients of that Statutory Instrument.
Mental Capacity, England
Made 5th September 2008
Laid 12th September 2008
Coming into force 3rd November 2008
The Secretary of State for Health makes these Regulations in exercise of the powers conferred by section 65(1) of, and paragraphs 138(1), 143 and 144 of Schedule A1 to, the Mental Capacity Act 2005f1.
Annotations to the whole text
Footnotes
- f1
-
2005 c.9. Schedule A1 was inserted by section 50(5) of and Schedule 7 to the Mental Health Act 2007 (c.12).
Contents
- 1Citation, commencement and application
- 2Amendment of regulation 9 of the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008
- Signature
- Explanatory note
1Citation, commencement and application
These Regulations may be cited as the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Amendment) Regulations 2008 and shall come into force on 3rd November 2008.
These Regulations apply in relation to England only.
2Amendment of regulation 9 of the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008
In regulation 9 of the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008f1 (selection by the supervisory body) for paragraph (1)(f) substitute “ (f) is not employed by the supervisory body.”.
Signature
Signed by authority of the Secretary of State
Ben Bradshaw
Minister of State
Department of Health
5th September 2008
Explanatory note
(This note is not part of the Regulations)
The Mental Capacity Act 2005 provides for the deprivation of liberty of people who lack capacity to consent to arrangements proposed for their care in care homes and hospitals where authorisation under section 4A of and Schedule A1 to the Act exists.
These Regulations amend the provision in regulation 9(1)(f) of the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008 (SI 2008/1315) that provides that a supervisory body may select a person to be a representative who is not employed to work in the supervisory body that is appointing the representative in a role that is, or could be, related to the relevant person’s case. The amendment in these Regulations broadens this restriction by providing that a supervisory body can select a person to be a representative if they are not employed by the supervisory body.