Regulation 64 Where a young person lacks capacity

England and Wales

(1)

In a case where a young person lacks capacity at the relevant time—

(a)

references to a young person in the provisions of Part 3 of the Act listed in Part 1 of Schedule 3 are to be read as references to both the young person and the alternative person;

(b)

references to a young person or a detained person who is a young person in the provisions of Part 3 of the Act listed in Part 2 of Schedule 3 are to be read as references to the alternative person instead of the young person; and

(c)

references to a young person in these regulations listed in Part 3 of Schedule 3 are to be read as references to both the young person and the alternative person; and

(d)

references to a young person in these regulations listed in Part 4 of Schedule 3 are to be read as references to the alternative person instead of the young person.

(2)

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

(a)

a representative of the young person;

(b)

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

(c)

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