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The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009
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Eligibility to carry out best interests assessments
5.—(1) A person is eligible to carry out a best interests assessment(1) if that person is—
(a)an approved mental health professional;
(b)a social worker registered with the Care Council for Wales;
(c)a first level nurse, registered in Sub-Part 1 of the Nurses' Part of the Register maintained under article 5 of the Nursing and Midwifery Order 2001;
(d)an occupational therapist registered in Part 6 of the register maintained under article 5 of the Health Professions Order 2001; or
(e)a chartered psychologist listed in the British Psychological Society’s Register of Chartered Psychologists and who holds a practising certificate issued by that Society.
(2) The supervisory body must also be satisfied that a person has the ability to take account of the views of any person who is interested in the welfare of the person to be assessed and the ability to assess the relevance and importance of those views in making an assessment.
(1)
A best interests assessment is an assessment carried out under paragraph 38 of Schedule A1 to the Act.
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