8. In force 3/11/08. Selection by the relevant person. Sections. able to keep in contact with the relevant person(. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 4. Factors used to evaluate whether a person is engaged are: (i) whether the person holds himself out as an investment adviser; (ii) whether the person receives compensation that represents a clearly definable The identity of the supervisory body is determined in accordance with paragraphs 128, 180, 181 and 182 of Schedule A1 to the Mental Capacity Act 2005 (“the Act”). “relevant care or treatment” is defined in paragraph 7 of Schedule A1 to the Act. (a)a person has not been selected for appointment as representative in accordance with regulations 7(2) or 8(2), or. any donee or deputy of the relevant person; any independent mental capacity advocate(. (ii)if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act. What is a Relevant Person's Representative? I have put off answering because I don’t know what that means. Paid Relevant Person’s Representatives provide representation and support to people in a hospital or care home who lack mental capacity to agree to the care being provided to them that involves restrictions on their liberty and so has been authorised under the Deprivation of Liberty Safeguards. the supervisory body terminates the appointment because it is satisfied that the person is not acting in the best interests of the relevant person. In general, a relevant person’s representative is a friend or family member who will ensure that the rights of a person being deprived of their liberty are protected. (11) Any natural person who is a “knowledgeable employee,” as defined in rule 3c-5(a)(4) under the Investment Company Act of 1940 (17 CFR 270.3c-5(a)(4)), of the issuer of the securities being offered or sold where the issuer would be an investment company, as defined in section 3 of such act, but for the exclusion provided by either section 3(c)(1) or section 3(c)(7) of such act; A person can only be selected to be a Relevant Person's Representative if they are: 18 years old or over; Able to keep in contact with the relevant person; In this publication these IMCA roles are shortened to 39A IMCAs, 39C IMCAs and 39D IMCAs. Section 39D IMCAs support the person, or their relevant person’s representative, when a standard authorisation is in place. (b)the best interests assessor or supervisory body has not approved a person in accordance with regulation 9. “deputy” is defined in section 64(1) of the Act. Selection by a donee or deputy. they inform the supervisory body that they no longer are willing to continue in the role; a representative has been appointed after having been selected in accordance with regulation 7(2) and the relevant person informs the supervisory body that he or she objects to that person continuing to be his or her representative; a representative has been appointed after having been selected in accordance with regulation 8(2) and the donee or deputy objects to the person continuing to be the relevant person’s representative; the supervisory body terminates the appointment because it is satisfied that the representative is not maintaining sufficient contact with the relevant person in order to support and represent him or her; the supervisory body terminates the appointment because it is satisfied that the person is no longer eligible for the purposes of regulation 6(1) to be a representative; or. (a)“spouse” (“priod”) or “civil partner” (“partner sifil”) includes a person who is not married to or in a civil partnership with a person but is living with that person as if they were, and. Authorisation is to be given by supervisory bodies. the best interests assessor or supervisory body has not approved a person in accordance with regulation 9. that person must have appropriate training and experience, and, the supervisory body must be satisfied that there is in respect of that person—, an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(. A person ceases to be a representative if—. A person must be engaged in the business of providing advice. (a)the relevant person has a donee or deputy(10), and. “relevant person” is defined in paragraph 7 of Schedule A1 to the Act. Section 39C IMCAs cover the role of the relevant person’s representative when there is a gap between appointments. No changes have been applied to the text. 1997 c. 50. Sections 113A to 113D are inserted by section 163 of the Serious Organised Crime and Police Act 2005 (c. 14). IMCAs will have a different level of involvement in the six different assessments. 7.—(1) This regulation applies where the relevant person has capacity in relation to the question of which person should be his or her representative. PART 1 Selection of representatives. 11. 1. 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(. A full impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen. 7. () The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Wales) Regulations 2009 (SI 2009/266). A supervisory body will appoint in writing as a representative for the relevant person any person who is selected in accordance with Part 4. 1 Who is permitted to be a Relevant Person's Representative. 2. (2) The supervisory body must select a person to be appointed as a representative for the relevant person. 5. I have now been asked if I want to be his ‘Relevant Person’s Representative’. However, they may wish to provide a written report if there are disputes, such as t… Continuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person’s representative (RPR) If you’re an IMCA or … not prevented by ill-health from carrying out the role of the representative; willing to be the relevant person’s representative; not financially interested in the care home(. 3.Selection of a person to be a representative - general, 7.Confirmation of eligibility of family member, friend or carer and recommendation to the supervisory body, 8.Selection by the best interests assessor, 12.Formalities of appointing a representative, 13.Termination of representative’s appointment, 14.Formalities of termination of representative’s appointment. the best interests assessor may select a person in accordance with regulation 10. a person has not been selected for appointment as representative in accordance with regulations 7(2) or 8(2), or. Schedule A1 was inserted by section 50(5) of the Mental Health Act 2007 c. 12. Brief Guide (2016). 19. 12. Can you tell me? They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. (2) Where the best interests assessor or supervisory body does not approve a person selected—, (a)they may approve another person selected in accordance with regulations 7(2) or 8(2); or. (2) Where the appointment of a representative is to be terminated in accordance with regulation 14 the supervisory body must notify—, (d)any independent mental capacity advocate appointed in accordance with the Act; and. the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s spouse, former spouse, civil partner or former civil partner, or. 2005 c. 9. These regulations confer supervisory functions in relation to hospitals on Local Health Boards. Where there are good commissioning arrangements in place so that supervisory bodies can appoint paid representatives promptly, the need for the 39C IMCA role will be … Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. any person who holds one tenth or more of the issued shares in the care home or independent hospital, where the care home or independent hospital is a company limited by shares, and. A supervisory body may make payments to, or in relation to, any person appointed in accordance with regulation 12 and exercising functions as the relevant person’s representative. (1A) For the purposes of section 22A (1) of the Act, a relevant person must not request or demand payment of, or accept any remuneration, in relation to — except in accordance with paragraph (2), (3), (4) or (6). “independent mental capacity advocate” is defined in section 64(1) of the Act. 5. PART 5 Appointment of representatives. 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. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Relevant Person's Paid Representative Service (RPPR) Everyone who is deprived of their liberty under the Mental Capacity Act must have a representative. (3) Where a donee or deputy may select a person in accordance with paragraph (2) but does not do so, regulation 10 applies. It will also vary depending on the person they are representing. But sometimes people cannot make decisions about the care or treatment they need, due to … Title, commencement and application 1. “sections 37, 38, 39, 39A, 39C or 39D of the Act”. Dartington: Research in Practice. 2007/852 (W.77). (2) The best interests assessor may select a person to act as a representative for the relevant person. Relevant persons representative (RPR) There are some difficult words in this booklet. Subject terms: 16.—(1) Where the appointment of a representative is to be terminated in accordance with paragraphs (b) to (h) of regulation 14 the supervisory body must notify that person that the appointment is to be terminated and must give reasons why the appointment is to be terminated. (2) The relevant person may select a person for appointment as his or her representative. (e)any person consulted by the best interest assessor. (2) For the purpose of these Regulations “supervisory body” (“corff goruchwylio”) includes a Local Health Board exercising supervisory functions in accordance with regulation 3. “care home” is defined in paragraph 178 of Schedule A1 to the Act. The procedure for appointing a representative must begin as soon as—, (a)a best interests assessor is selected by the supervisory body(4) for the purposes of a request for a standard authorisation(5); or. This does not have to be the sole or even the primary activity of the person. (b)able to keep in contact with the relevant person(6); (c)not prevented by ill-health from carrying out the role of the representative; (d)willing to be the relevant person’s representative; (e)not financially interested in the care home(7) or independent hospital(8) where the relevant person is, or is to be, detained; (f)not a relative of a person who is financially interested in the care home or independent hospital where the relevant person is, or is to be, detained; (g)not providing services to, or not employed to work in, the care home where the relevant person is, or is to be, detained; (h)not employed to work in the hospital(9) where the relevant person is, or is to be, detained in a role that is, or could be, related to the relevant person’s case; and. Selection by a donee or deputy. These regulations provide for the selection and appointment of representatives. 4. if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act. (b)the best interests assessor may select a person in accordance with regulation 10. not a relative of a person who is financially interested in the care home or independent hospital where the relevant person is, or is to be, detained; not providing services to, or not employed to work in, the care home where the relevant person is, or is to be, detained; not employed to work in the relevant person’s supervisory body in a role that is, or could be, related to the relevant person’s case. Where authorisation is given to deprive any person of their liberty the Act requires that the supervisory body must appoint a representative for that person. Selection of a person to be a representative - general, Confirmation of eligibility of family member, friend or carer and recommendation to the supervisory body, Formalities of appointing a representative, Termination of representative’s appointment, Formalities of termination of representative’s appointment, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. (3) Where a person who is selected in accordance with paragraph (2) will be acting in a professional capacity, (a)that person must have appropriate training and experience, and, (b)the supervisory body must be satisfied that there is in respect of that person—, (i)an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(11); or. 17. The duration of the Relevant Person's Representative role is the same as the period of the standard authorisation. (c)any donee or deputy of the relevant person; (d)any independent mental capacity advocate(12) appointed in accordance with the Act; and. Determination of capacity. These regulations provide that Local Health Boards will also be responsible for making arrangements for Independent Mental Capacity Advocates to be available to act where the relevant person is, or may be subject to a standard authorisation and that person has no other person who may be consulted about what is in his or her best interests (regulation 18 and 19). The Mental Capacity Act (MCA) 2005 states that once a standard authorisation under the Deprivation of Liberty Safeguards (DoLs) has been approved the supervisory body (NHS body or local authority) must appoint a relevant person’s representative (RPR) as soon as possible and practical to represent the person who has been deprived of their liberty. Notice of the appointment of a representative must be given to the following persons—. Selection by the best interests assessor. 1133, 1135, this section sets forth minimum requirements for employee benefit plan procedures pertaining to claims for benefits by participants and beneficiaries (hereinafter referred to as claimants). This could be a family member or a friend but if there is no one suitable it could be a Paid Representative also known as a RPPR. a relevant person’s representative’s appointment terminates, or is to be terminated in accordance with regulation 14, and the relevant person remains subject to a standard authorisation. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 13. (2) For the words “sections 37, 38 and 39 of the Act” in regulation 2(2) (interpretation) substitute the following words—. If you’ve been appointed as the Relevant Person’s Representative (RPR) for a person subject to the Deprivation of Liberty Safeguards, you are required to identify whether the person wishes to, or would wish to, object to the care arrangements. the relevant person has a donee or deputy(. This item of legislation is currently only available in its original format. Eligibility of a person to be a representative. For example, they may have little to offer to the mental capacity assessment if there are no disputes about the person’s capacity on issues relating to the deprivation of liberty. (a)confer supervisory functions in relation to hospitals on Local Health Boards and provide for joint working arrangements (regulation 3); (b)make provisions about the circumstances in which a person will be eligible to be a representative (regulation 6); (c)provide for a relevant person to select a person as his or her representative (regulation 7); (d)provide that where a relevant person has a donee of a Lasting Power of Attorney or Court appoint deputy that donee or deputy may select a representative providing it is within the scope of his or her authority (regulation 8); (e)provide for the best interests assessor to approve a representative who is selected by the relevant person, donee or deputy or select a representative him or herself (regulations 9 and 10); (f)provide for the supervisory body to select a representative if one cannot be selected by other means (regulation 11); (g)provide for the supervisory body to appoint a representative who has been selected and for notice of the appointment to be given to interested persons (regulation 12 and 13); (h)provide for the termination of appointment of the representative (regulation 14); (i)require the managing authority to notify the supervisory body if the representative is not acting in the best interests of the relevant person or is not keeping in regular contact (regulation 15); (j)provide for representatives to be paid (regulation 17). “standard authorisation” is defined in paragraph 8 of Schedule A1 to the Act. If a paid relevant person’s representative changes jobs or moves to another part of the country so is unable to continue in their role. 5. 9.—(1) A person selected in accordance with regulations 7(2) or 8(2) must be approved by the best interests assessor or the supervisory body. The law says the Relevant Person must have a ‘ Representative’ to help make sure their views, wishes and rights are respected. (b)a relevant person’s representative’s appointment terminates, or is to be terminated in accordance with regulation 14, and the relevant person remains subject to a standard authorisation. This is the original version (as it was originally made). in all other cases, any of the owners of the care home or independent hospital. There are certain rules guiding who can be an RPR which are set out below. (a) Scope and purpose. Selection of a person to be a representative - general. (d) provide that where a relevant person has a donee of a Lasting Power of Attorney or Court appoint deputy that donee or deputy may select a representative providing it is within the scope of his or her authority (regulation 8); (i)not employed to work in the relevant person’s supervisory body in a role that is, or could be, related to the relevant person’s case. Selection by the supervisory body. “hospital” is defined in paragraph 175(1) of Schedule A1 to the Act. 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. any person consulted by the best interest assessor. Selection by the relevant person. (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. 'to maintain contact with the relevant person, and 2. to represent and support the relevant person in all matters relating to the deprivation of liberty safeguards, including, if appropriate, triggering a review, using an organisation’s complaints procedures on the person’s behalf or making an application to the Court of Protection.' (b)a person has a financial interest in a care home or independent hospital where that person is a partner, director, other office-holder or major shareholder of the care home or independent hospital that has made the application for a standard authorisation. This booklet is designed to help relevant person's representatives understand and fulfil their statutory role under the MCA DOLS legislation. ... equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. it is within the authority of the donee or deputy to do so, they may approve another person selected in accordance with regulations 7(2) or 8(2); or. Approval by the best interests assessor or supervisory body. Sometimes there will be no involvement other than to tell the assessor that they will not be making representations. (h)the supervisory body terminates the appointment because it is satisfied that the person is not acting in the best interests of the relevant person. (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—. 6. Minister for Health and Social Services, one of the Welsh Ministers, (This note is not part of the Regulations). 11.—(1) This regulation applies where a person has not been selected in accordance with regulations 7(2), 8(2) or 10(2). (c)“major shareholder” (“prif gyfrannddaliwr”) means—, (i)any person who holds one tenth or more of the issued shares in the care home or independent hospital, where the care home or independent hospital is a company limited by shares, and. any independent mental capacity advocate appointed in accordance with the Act; and. Mitchell, E (2014) The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 (SI 2008/1315), as … confer supervisory functions in relation to hospitals on Local Health Boards and provide for joint working arrangements (regulation 3); make provisions about the circumstances in which a person will be eligible to be a representative (regulation 6); provide for a relevant person to select a person as his or her representative (regulation 7); provide that where a relevant person has a donee of a Lasting Power of Attorney or Court appoint deputy that donee or deputy may select a representative providing it is within the scope of his or her authority (regulation 8); provide for the best interests assessor to approve a representative who is selected by the relevant person, donee or deputy or select a representative him or herself (regulations 9 and 10); provide for the supervisory body to select a representative if one cannot be selected by other means (regulation 11); provide for the supervisory body to appoint a representative who has been selected and for notice of the appointment to be given to interested persons (regulation 12 and 13); provide for the termination of appointment of the representative (regulation 14); require the managing authority to notify the supervisory body if the representative is not acting in the best interests of the relevant person or is not keeping in regular contact (regulation 15); provide for representatives to be paid (regulation 17). 3. 7. 8.—(1) This regulation applies where the relevant person does not have capacity in relation to the question of which person should be his or her representative. For the words “sections 37, 38 or 39 of the Act” in regulation 5(1) (appointment of independent mental capacity advocates) substitute the following words—. a person has a financial interest in a care home or independent hospital where that person is a partner, director, other office-holder or major shareholder of the care home or independent hospital that has made the application for a standard authorisation. xmlns:atom="http://www.w3.org/2005/Atom" @import "/styles/legislation.css";@import "/styles/secondarylegislation.css"; Laid before the National Assembly for Wales. 8. Confirmation of eligibility of family member, friend or carer and recommendation to the supervisory body. (2) For the purposes of this regulation a “relative” (“perthynas agos”) means: (a)the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s spouse, former spouse, civil partner or former civil partner, or. The role of the person’s representative is set out in Paragraph 140 of Schedule A1 of the amended MCA, and described in the DoLSCode of Practice (Paragraph 7.2) as: 1. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Sometimes this role is taken unpaid by the person’s friend or family member. 6.—(1) A person is eligible to be appointed as a representative if they are—. 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). Resources. (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. (b)it is within the authority of the donee or deputy to do so. Download citation file. — (1) These Regulations are called the Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) … Being deemed a Relevant Person Individuals not automatically deemed to be Relevant Persons can be deemed to be a Relevant Person. These words are in blue letters in the booklet. the donee or deputy may select a person to be appointed as a representative. on behalf of that Board by a committee, sub-committee or officer of the Board; a best interests assessor is selected by the supervisory body(. Treatment is the provision, coordination, or management of health care and related services for an individual by one or more health care providers, including consultation between providers regarding a patient and referral of a patient by one provider to another.20 People have the right to make their own decisions. (3) If the best interests assessor is unable to select a person for appointment as a representative, regulation 11 applies. Legislation. (ii)in all other cases, any of the owners of the care home or independent hospital. 18.—(1) The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007(13) are amended in accordance with the following paragraph. You may like to have someone to support you when you look at this booklet. Regulations 18 and 19 are transitional provisions which amend the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007 (S.I. There is a list of these words and what they mean on pages 21 and 22. For more information see the EUR-Lex public statement on re-use. Different options to open legislation in order to view more content on screen at once. It is the right of every person deprived of their liberty under MCA DOLS to have a relevant person's representatives (RPR). This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. When someone is or may be deprived of their liberty, the law calls them the ‘ Relevant Person’. In accordance with the authority of sections 503 and 505 of the Employee Retirement Income Security Act of 1974 (ERISA or the Act), 29 U.S.C. Access essential accompanying documents and information for this legislation item from this tab. PART 4 Selection. 9. (2) A person is to be appointed as a representative in accordance with Part 5. Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008. (2) These Regulations apply in relation to Wales. the brother, sister, uncle, aunt, niece, nephew or first cousin (whether of the full blood or of the half blood or by marriage or civil partnership) of that person or of that person’s spouse, former spouse, civil partner or former civil partner. The Mental Capacity Act 2005 (“the Act”) provides that people who lack capacity to consent to arrangements proposed for their care or treatment in care homes and hospitals may be lawfully deprived of their liberty providing it is authorised in accordance with the Act.
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