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The Additional Learning Needs (Wales) Regulations 2021
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When a detained person who is a young person lacks capacityE+W
38. When a detained person who is a young person lacks capacity at the relevant time, the references in the provisions below are to be read as references to a representative of that young person—
(a)the reference to the detained person in the third place it occurs in section 40(4) of the 2018 Act;
(b)the reference to a detained person in the first place it occurs in section 40(5)(b) of the 2018 Act;
(c)the references in sections 41(2)(a) and 42(4) of the 2018 Act to a detained person who is a young person;
(d)the reference to a detained person in the first place it occurs in section 42(6) of the 2018 Act;
(e)the reference to a young person in the second place it occurs in regulation 18(4)(b);
(f)the reference to a detained person in the first place it occurs in regulation 18(6).
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