# The Special Educational Needs and Disability Regulations 2014, Regulation 64: Where a young person lacks capacity

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/uksi/2014/1530/regulation/64 (the official version)
Page: https://openlegislation.uk/special-educational-needs-and-disability-regulations-2014/regulation-64
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.