Office of Public Sector Information
Statutory Instruments
MENTAL CAPACITY, WALES
Made
11 February 2009
Laid before the National Assembly for Wales
13 February 2009
Coming into force
1 April 2009
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 35(2) and (3), 65(1) of, and paragraphs 138(1), 142 to 144, 145, 147, 148, 165, 166 and 182(6) and (7) of Schedule A1 to, the Mental Capacity Act 2005(1) and by sections 12 and 204 of the National Health Service (Wales) Act 2006(2).
1.—(1) These Regulations are called the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) Regulations 2009 and come into force on 1 April 2009.
(2) These Regulations apply in relation to Wales.
2.—(1) In these Regulations—
“the Act” (“y Ddeddf”) means the Mental Capacity Act 2005;
“best interests assessor” (“asesydd lles pennaf”) means a person selected to carry out a best interests assessment under paragraph 38 of Schedule A1 to the Act;
“donee” (“rhoddai”) is a person who has a lasting power of attorney or a registered enduring power of attorney conferred on them by the relevant person.
(2) For the purpose of these Regulations “supervisory body” (“corff goruchwylio”) includes a Local Health Board exercising supervisory functions in accordance with regulation 3.
3.—(1) Each Local Health Board will exercise the supervisory functions—
(a) in relation to any person who is, or is likely to be, accommodated in a hospital (whether NHS or independent hospitals) in its area for the purposes of receiving relevant care or treatment(3); and
(b) where the Local Health Board commissions relevant care or treatment for a person in a hospital (whether a NHS or independent hospital) in England in relation to that hospital.
(2) Where Welsh Ministers commission relevant care or treatment for a person who is, or is likely to be, accommodated in a hospital (whether a NHS or independent hospital) in England the supervisory body will be the Local Health Board for the area in which that person is usually resident.
(3) Subject to any directions given by Welsh Ministers, the supervisory functions exercisable by a Local Health Board may, by arrangement with that Board, and subject to such restrictions and conditions as the Board may think fit, be exercised—
(a) on behalf of that Board by a committee, sub-committee or officer of the Board;
(b) jointly with another Local Health Board;
(4) “Supervisory functions” (“swyddogaethau goruchwylio”) has the same meaning as in Schedule A1, paragraph 165(3) of the Act.
2005 c. 9. Schedule A1 was inserted by section 50(5) of the Mental Health Act 2007 c. 12. Back [1]
“relevant care or treatment” is defined in paragraph 7 of Schedule A1 to the Act. Back [3]
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) Regulations 2009