# The Special Educational Needs and Disability (Detained Persons) Regulations 2015, 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.

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Source: https://www.legislation.gov.uk/uksi/2015/62/regulation/32 (the official version)
Page: https://openlegislation.uk/special-educational-needs-and-disability-detained-persons-regulations-2015/regulation-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.