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Guidance on nominating a consultee for research involving adults who lack capacity to consent

Issued by the Secretary of State and the Welsh Ministers in accordance with section 32(3) of the Mental Capacity Act 2005.

  • Document type:
    Guidance
  • Author:
    Department of Health
  • Published date:
    22 February 2008
  • Gateway reference:
    8953
  • Copyright holder:
    Crown

This guidance sets out how to identify an appropriate consultee for the purposes of section 32 of the Mental Capacity Act.  The Act requires the researcher to take reasonable steps to identify a person who, as a result of an existing relationship with the person who lacks capacity, can advise the researcher about that person’s participation in the project. Where no such person can be identified, the Act requires another person who can provide this advice to be appointed in accordance with guidance.

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