Regulation 32 Where a young person lacks capacity

(1)

If the appropriate person is a young person and the young person lacks capacity at the relevant time, references in—

(a)

Part 3 of the Act, and

(b)

these Regulations

to the appropriate person are to be read as references to the alternative person.

(2)

If the detained person is a young person and the young person lacks capacity at the relevant time—

(a)

references to a detained person in the regulations listed in Part 1 of the Schedule are to be read as references to both the detained person and the alternative person, and

(b)

references to a detained person in the regulation listed in Part 2 of the Schedule are to be read as references to the alternative person instead of the detained person.

(3)

For the purposes of this regulation, “the alternative person” means—

(a)

a representative of the detained person;

(b)

the detained person's parent, where the detained person does not have a representative;

(c)

a representative of the detained person's parent, where the detained person's parent also lacks capacity at the relevant time and the young person does not have a representative.