SCHEDULES
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 10Relevant person's representative
Appointment regulations
143
1
Appointment regulations may make provision about who is to select a person for appointment as a representative.
2
But regulations under this paragraph may only provide for the following to make a selection—
a
the relevant person, if he has capacity in relation to the question of which person should be his representative;
b
a donee of a lasting power of attorney granted by the relevant person, if it is within the scope of his authority to select a person;
c
a deputy, if it is within the scope of his authority to select a person;
d
a best interests assessor;
e
the supervisory body.
3
Regulations under this paragraph may provide that a selection by the relevant person, a donee or a deputy is subject to approval by a best interests assessor or the supervisory body.
4
Regulations under this paragraph may provide that, if more than one selection is necessary in connection with the appointment of a particular representative—
a
the same person may make more than one selection;
b
different persons may make different selections.
5
For the purposes of this paragraph a best interests assessor is a person carrying out a best interests assessment in connection with the standard authorisation in question (including the giving of that authorisation).
Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )