Textual Amendments
F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )
129(1)It is for the supervisory body to select a person to carry out an assessment under this Schedule.E+W
(2)The supervisory body must not select a person to carry out an assessment unless the person—
(a)appears to the supervisory body to be suitable to carry out the assessment (having regard, in particular, to the type of assessment and the person to be assessed), and
(b)is eligible to carry out the assessment.
(3)Regulations may make provision about the selection, and eligibility, of persons to carry out assessments under this Schedule.
(4)Sub-paragraphs (5) and (6) apply if two or more assessments are to be obtained for the purposes of the relevant procedure.
(5)In a case where the assessments to be obtained include a mental health assessment and a best interests assessment, the supervisory body must not select the same person to carry out both assessments.
(6)Except as prohibited by sub-paragraph (5), the supervisory body may select the same person to carry out any number of the assessments which the person appears to be suitable, and is eligible, to carry out.
130(1)This paragraph applies to regulations under paragraph 129(3).E+W
(2)The regulations may make provision relating to a person's—
(a)qualifications,
(b)skills,
(c)training,
(d)experience,
(e)relationship to, or connection with, the relevant person or any other person,
(f)involvement in the care or treatment of the relevant person,
(g)connection with the supervisory body, or
(h)connection with the relevant hospital or care home, or with any other establishment or undertaking.
(3)The provision that the regulations may make in relation to a person's training may provide for particular training to be specified by the appropriate authority otherwise than in the regulations.
(4)In sub-paragraph (3) the “appropriate authority” means—
(a)in relation to England: the Secretary of State;
(b)in relation to Wales: the National Assembly for Wales.
(5)The regulations may make provision requiring a person to be insured in respect of liabilities that may arise in connection with the carrying out of an assessment.
(6)In relation to cases where two or more assessments are to be obtained for the purposes of the relevant procedure, the regulations may limit the number, kind or combination of assessments which a particular person is eligible to carry out.
(7)Sub-paragraphs (2) to (6) do not limit the generality of the provision that may be made in the regulations.]