Capacity and
Self-Determination (Capacity and Liberty – Assessors) (Jersey)
Regulations 2018
1 Interpretation
In these Regulations –
(a) the “Law”
means the Capacity and Self-Determination (Jersey)
Law 2016;
(b) a reference to an
“assessor” is to a registered person designated by the Minister,
under Article 40 of the Law, for the purposes of carrying out assessments
in accordance with Part 5 of the Law;
(c) a reference to
“P” is a reference to the person in respect of whom Part 5 of
the Law applies so as to permit significant restrictions on that person’s
liberty.
2 Assessors –
criteria for appointment
(1) The Minister shall not
appoint a person to act as an assessor in relation to P, if that
person –
(a) is a
relative of P or a relative of a person who has a financial interest in the
care of P;
(b) has a
financial interest in the care of P; or
(c) is a
person involved in carrying out P’s care or treatment or in making
decisions about P’s care or treatment.
(2) For the purposes of
paragraph (1)(a), “relative” means, in relation to
P –
(a) a
spouse, former spouse, civil partner or former civil partner;
(b) a
person living with P as though the person were P’s spouse or civil
partner;
(c) a
parent or child;
(d) a
brother or sister;
(e) a
child of a person falling within sub-paragraphs (a), (b) or (d);
(f) a
grandparent or grandchild;
(g) an
uncle or aunt;
(h) a
first cousin; and
(i) a
person mentioned in sub-paragraph (c), (d), (e), (f) or (g) whose
relationship is to the person mentioned in sub-paragraph (a) or (b),
and for these purposes a relationship of the half-blood shall be treated
as a relationship of the whole blood and the stepchild or adopted child of a
person as his or her child.
(3) For the purposes of
paragraph (1)(a) and (b), a person has a financial interest in a case
where that person is a partner, director, other office-holder or major
shareholder of a relevant place or of a person who is M in relation to that
place, and “major shareholder” means –
(a) where
the owner of, or M in relation to, a relevant place is a company limited by
shares, a person holding one tenth or more of the issued shares in that
company; and
(b) in
any other case, any owner of, or person who is M in relation to, the relevant
place.
(4) Where –
(a) P is
from a cultural or ethnic group forming a minority among the population of
Jersey; or
(b) P has
a physical or sensory impairment, learning disability or autistic spectrum
disorder,
the Minister must ensure that, so far as practicable and as the
Minister considers reasonable, there is appointed an assessor with appropriate
understanding of P’s case and the ability to communicate appropriately
with P.
3 Assessors –
conflicts of interest
(1) Where a person
appointed as an assessor is aware, or becomes aware, of any fact or matter
(including but not limited to such a fact or matter as described in Regulation 2(1))
that –
(a) gives
rise to a conflict of interest; or
(b) otherwise
prevents, or may prevent, that person from acting in P’s best interests,
the assessor must immediately inform the Minister of that fact or
matter.
(2) On receiving
information under paragraph (1) the Minister must consider, having regard
to all the circumstances including in particular P’s best interests,
whether the assessor may continue to act as such or whether another person
should be appointed to act as assessor in P’s case.
(3) The Minister must
inform the assessor of his or her decision following consideration under paragraph (2),
and, if the Minister so decides, must appoint another person to act as assessor
in P’s case.
4 Assessors’
powers to interview persons, inspect records etc.
(1) Without prejudice to
the generality of the powers conferred by Article 44(4) of the Law, an
assessor may, upon reasonable notice being given, interview or take
representations from such persons, other than those listed in Article 44(5)
of the Law, as the assessor may consider necessary or appropriate.
(2) Without prejudice to
the generality of powers conferred by Article 44(7)(a)(iii) of the Law, an
assessor may, upon reasonable notice in writing being given to the holder of
the document, inspect and take copies of any document which –
(a) the
assessor considers relevant to the care and treatment of P; and
(b) is
held by a person in any place (including but not limited to a relevant place)
where P resides or has resided.
(3) In exercising powers
under this Regulation an assessor must have regard to any guidance, whether or
not contained in a code of practice under Article 68 of the Law, which the
Minister may issue as to the exercise of such powers.
5 Form
of assessors’ reports
A report of an assessment to be provided under Article 45 of
the Law must be provided in the form specified for the purpose by the Minister.
6 Citation
These Regulations may be cited as the Capacity and
Self-Determination (Capacity and Liberty – Assessors) (Jersey) Regulations 2018.