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The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

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Domiciliary Care Agencies Regulations 2002

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30.—(1) The Domiciliary Care Agencies Regulations 2002(1) are amended in accordance with this paragraph.

(2) In regulation 2 (interpretation), in paragraph (1), in the appropriate alphabetical position, insert—

““the 2005 Act” means the Mental Capacity Act 2005 (c.9);

“lacks capacity” means lacks capacity within the meaning of the 2005 Act;”.

(3) In regulation 14 (arrangements for the provision of personal care), for paragraph (10) substitute—

“(10) The registered person shall ensure that no service user is subject to physical restraint unless—

(a)restraint of the kind employed is the only practicable means of securing the welfare of that or any other service user and there are exceptional circumstances; or

(b)in the case of a person who lacks capacity in relation to the matter in question, the act meets the conditions of section 6 of the 2005 Act.”.

(1)

S.I. 2002/3214, to which there are amendments not relevant to this Order.

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