PART 6Parents and young people lacking capacity

Where a young person lacks capacity64

1

In a case where a young person lacks capacity at the relevant time—

a

references to a young person in the provisions of Part 3 of the Act listed in Part 1 of Schedule 3 are to be read as references to both the young person and the alternative person;

b

references to a young person or a detained person who is a young person in the provisions of Part 3 of the Act listed in Part 2 of Schedule 3 are to be read as references to the alternative person instead of the young person; and

c

references to a young person in these regulations listed in Part 3 of Schedule 3 are to be read as references to both the young person and the alternative person; and

d

references to a young person in these regulations listed in Part 4 of Schedule 3 are to be read as references to the alternative person instead of the young person.

2

For the purposes of this regulation, “the alternative person” means—

a

a representative of the young person;

b

the young person's parent, where the young person does not have a representative;

c

a representative of the young person's parent, where the young person's parent also lacks capacity at the relevant time and the young person does not have a representative.