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Eligibility requirement

Definition in primary legislation

From:

Mental Capacity Act 2005, Schedule A1, Part 4

Legislation

46 An eligibility assessment is an assessment of whether the relevant person meets the eligibility requirement.

47 (1) Regulations may—
(a) require an eligibility assessor to request a best interests assessor to provide relevant eligibility information, and
(b) require the best interests assessor, if such a request is made, to provide such relevant eligibility information as he may have.

(2) In this paragraph—
“best interests assessor” means any person who is carrying out, or has carried out, a best interests assessment in relation to the relevant person;
“eligibility assessor” means a person carrying out an eligibility assessment in relation to the relevant person;
“relevant eligibility information” is information relevant to assessing whether or not the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A.

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