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41.—(1) [F1Subject to paragraph (1A), for] the purposes of section 297(3) of the Act a panel must:
(a)have three members, all of whom must be appointed by the relevant trust; and
(b)consist of—
(i)one medical practitioner who is a suitably qualified person;
(ii)one approved social worker; and
(iii)one suitably qualified person.
[F2(1A) In an emergency period the panel may consist of three suitably qualified persons.]
(2) In addition the panel members must—
(a)be unconnected with P;
(b)not be involved in the care and treatment of P; and
(c)have completed training approved by the Department within 12 months of their first occurrence as a member of a panel.
(3) The relevant trust must appoint one of the members as a chair of the panel.
Textual Amendments
F1Words in reg. 41(1) substituted(temp) (2.4.2020) by The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/57), regs. 1(1), 2(l)(i)