Part II contents: 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61
All Parts: I, II, III, Schedules
Court of Protection Visitors
61.—(1) A Court of Protection Visitor is a person who is appointed by the Lord Chancellor to-
- (a) a panel of Special Visitors, or
- (b) a panel of General Visitors.
(2) A person is not qualified to be a Special Visitor unless he-
- (a) is a registered medical practitioner or appears to the Lord Chancellor to have other suitable qualifications or training, and
- (b) appears to the Lord Chancellor to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.
(3) A General Visitor need not have a medical qualification.
(4) A Court of Protection Visitor-
- (a) may be appointed for such term and subject to such conditions, and
- (b) may be paid such remuneration and allowances,
as the Lord Chancellor may determine.
(5) For the purpose of carrying out his functions under this Act in relation to a person who lacks capacity ("P"), a Court of Protection Visitor may, at all reasonable times, examine and take copies of-
- (a) any health record,
- (b) any record of, or held by, a local authority and compiled in connection with a social services function, and
- (c) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),
so far as the record relates to P.
(6) A Court of Protection Visitor may also for that purpose interview P in private.
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.