PART 5
Appropriate persons and detained persons lacking capacity
Where a child's parent lacks capacity31
1
If the appropriate person is the child's parent and the parent 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 a representative of the parent.
2
If the child's parent lacks capacity at the relevant time references to a child's parent in these regulations, except the reference in regulation 6(1)(b)(iv), are to be read as references to a representative of the parent.
Where a young person lacks capacity32
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.
Mental Capacity Act 200533
Regulations 31 and 32 have effect in spite of section 27(1)(g) of the Mental Capacity Act 2005 M1.