The Additional Learning Needs (Wales) Regulations 2021

Interpretation of this Part

34.  In this Part—

“the relevant time” (“yr adeg berthnasol”) has the same meaning as in section 83(3) of the 2018 Act;

“representative” (“cynrychiolydd”) means—

(a)

a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005(1) to make decisions on the parent’s or young person’s behalf in relation to matters within Part 2 of the 2018 Act;

(b)

the donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) appointed by the parent of a child or by a young person to make decisions on the parent or young person’s behalf in relation to matters within Part 2 of the 2018 Act;

(c)

an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to the Mental Capacity Act 2005(2)) created by the parent or young person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made;

(d)

the young person’s parent, where the young person does not have a representative listed in paragraph (a), (b) or (c).

(1)

2005 c. 9.

(2)

Relevant amendments to Schedule 4 are made by S.I. 2012/2404, Schedule 2, paragraph 53(1) and (6).