The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021

Contents

1Title, commencement and application#

(1)The title of these Regulations is the Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021.

(2)These Regulations come into force on 1 September 2021.

(3)These Regulations apply in relation to Wales.

2Interpretation#

In these Regulations—• “the Act” (“y Ddeddf”) means the Equality Act 2010;• “adult” (“oedolyn”) means a person who is aged 18 years or over;• “capacity” (“galluedd”) has the same meaning as in the Mental Capacity Act 2005;• “child” (“plentyn”) means a person who has not attained the age of 18;• “compulsory school age” (“oedran ysgol gorfodol”) has the meaning given in section 8 of the Education Act 1996;• “parent” (“rhiant”) has the same meaning as in the Education Act 1996;• “relevant time” (“adeg berthnasol”) means the time at which, under the Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age (including, where relevant, an adult);• “representative” (“cynrychiolydd”), in relation to a parent or a person over compulsory school age (including, where relevant, an adult), means—(a) a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent’s or person’s behalf in relation to matters within Schedule 17 to the Act;(b) the donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) appointed by the parent or person to make decisions on their behalf in relation to matters within Schedule 17 to the Act;(c) an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to the Mental Capacity Act 2005) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.

3When a child’s parent lacks capacity#

When a parent of a child not over compulsory school age lacks capacity at the relevant time, the reference to “parent” in paragraph 3A(1)(b) of Schedule 17 to the Act is to be read as a reference to a representative of that parent.

4When a person over compulsory school age lacks capacity#

When a person over compulsory school age lacks capacity at the relevant time the reference to “person” in paragraph 3A(1)(a) of Schedule 17 to the Act is to be read as a reference to a representative of that person.

5Victimisation for conduct of representatives#

(1)Where regulation 3 applies to a claim under paragraph 3A(1)(b) of Schedule 17 to the Act, the references to “parent” in section 86(2), (3) and (4) of the Act are to be read as references to a representative of that parent.

(2)Where regulation 4 applies to a claim under paragraph 3A(1)(a) of Schedule 17 to the Act in respect of a child over compulsory school age, the references to “parent” in section 86(2), (3) and (4) of the Act are to be read as references to a representative of that child.

(3)Where regulation 4 applies to a claim under paragraph 3A(1)(a) of Schedule 17 to the Act in respect of an adult, the references in section 86(2), (3) and (4) of the Act to—

(a)“parent or sibling” are to be read as references to a representative of that adult, and

(b)“child” are to be read as references to that adult.

6Mental Capacity Act 2005#

(1)Regulations 3, and 5(1) and (2) have effect despite section 27(1)(g) of the Mental Capacity Act 2005.

(2)Where regulation 4 applies in respect of a child, the regulation has effect despite section 27(1)(g) of the Mental Capacity Act 2005.

Contains public sector information licensed under the Open Government Licence v3.0.