The Mental Health and Mental Capacity (Advocacy) Amendment (England) Regulations 2009

Amendment of the 2006 Regulations

2.—(1) The 2006 Regulations are amended as follows.

(2) For regulation 5(3) substitute—

“(3) Before a determination is made in relation to any person for the purposes of paragraph (2)(b), there must be obtained, in respect of that person, an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(1) which includes—

(a) where the determination is in respect of a person’s appointment as an IMCA for a person who has not attained the age of 18, suitability information relating to children (within the meaning of section 113BA of the Police Act 1997(2));

(b) where the determination is in respect of a person’s appointment as an IMCA for a person who has attained the age of 18, suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act(3)).”.

(1)

Section 113B is inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15). It is amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c.47), paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52), sections 79 and 80 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) and by S.I. 2009/203, articles 2 and 4.

(2)

Section 113BA of the Police Act 1997 (c.50) is inserted by paragraph 14(1) and (4) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006.

(3)

Section 113BB is inserted by paragraph 14(1) and (4) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006.