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Regulation 9 Consultation before a decision to make direct payments

Original text. Later amendments are not shown.

(1)

Before deciding whether to make direct payments to a patient, the Welsh Ministers may consult one or more of the following persons—

(a)

anyone identified by the patient as a person to be consulted for the purpose;

(b)

if the patient is a person aged 16 or over but under the age of 18, a person with parental responsibility for the patient;

(c)

the person primarily involved in the care of the patient;

(d)

any other person who provides care for the patient;

(e)

any independent mental capacity advocate or independent mental health advocate appointed for the patient;

(f)

any local authority social care team that is responsible for ensuring that the patient’s social care needs are met;

(g)

any other person who appears to the Welsh Ministers to be able to provide relevant information.

(2)

Before deciding whether to make direct payments to a representative, the Welsh Ministers may consult one or more of the following persons—

(a)

the patient;

(b)

any deputy appointed in respect of the patient by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 who lacks authority to make decisions on behalf of the patient in relation to the matters in respect of which direct payments may be payable;

(c)

any donee of a lasting power of attorney within the meaning of section 9 of the Mental Capacity Act 2005 in respect of the patient but who lacks authority to make decisions on behalf of the patient in relation to matters in respect of which direct payments may be made;

(d)

anyone named by the patient, when the patient had capacity, as a person to be consulted for the purpose;

(e)

any of the persons mentioned in paragraph (1)(c) to (g).

(3)

Before deciding whether to make direct payments to a nominee, the Welsh Ministers may consult one or more of the persons mentioned in paragraph (1)(a) to (g) and paragraph (2)(a) to (c) and, where relevant, (d).

(4)

In this regulation—

(a)

“independent mental capacity advocate” has the meaning given in section 35(1) of the Mental Capacity Act 2005f1, and

(b)

“independent mental health advocate” has the meaning given in section 130E of the Mental Health Act 1983f2.

Annotations

Footnotes

f1

2005 c. 9. Section 35 has been amended by the Mental Health Act 2007 (c. 12), section 50 and Schedule 9, paragraph 3; the Health and Social Care Act 2012 (c. 7), section 55(2) and Schedule 5, paragraph 134; and S.I. 2018/195 (W. 44), regulation 28.

f2

1983 c. 20; section 130E was inserted by the Mental Health (Wales) Measure 2010 (nawm 7), section 31.