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The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005
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- UK Statutory Instruments
- 2005 No. 2901
- PART 2
- Regulation 3
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Circumstances in which mental incapacity justification does not apply
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3. The conditions specified in sections 20(4)(b) and 21D(4)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—
(a)a power of attorney; or
(b)functions conferred by or under Part 7 of the Mental Health Act 1983(1); or
(c)powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.
(1)
1983 c. 20. Part 7 is repealed by section 66 and Schedule 7 of the Mental Capacity Act 2005 (c. 9) which are not yet in force.
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