The Mental Health (Conflicts of Interest) (Wales) Regulations 2008

Potential conflict of interest on the basis of a personal relationship

6.—(1) An assessor will have a potential conflict of interest in considering a patient, if he or she is—

(a) related to a relevant person in the first degree;

(b) related to a relevant person in the second degree;

(c) related to a relevant person as a half sister or half brother;

(d) the spouse, ex spouse, civil partner or ex civil partner of a relevant person;

(e) living with a relevant person as if he or she were a spouse or a civil partner.

(2) For the purposes of this regulation—

(a) “relevant person” means another assessor, the patient, or if the patient’s nearest relative is making the application, the nearest relative;

(b) “related in the first degree” means as a parent, sister, brother, daughter or son; and includes step relationships;

(c) “related in the second degree” means as an uncle, aunt, grandparent, grandchild, first cousin, niece, nephew, parent-in-law, grandparent-in-law, grandchild-in-law, sister-in-law, brother-in-law, daughter-in-law or son-in-law and includes step relationships;

(d) references to step relationships and in-laws in paragraphs (b) and (c) above are to be read in accordance with section 246 of the Civil Partnership Act 2004(1).

(1)

2004 c. 33.