The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025
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Change 1
11 Relevant resident’s representative
(1) In the provisions set out in paragraph (2), a reference to the relevant resident includes a reference to the relevant resident’s representative. (2) The provisions are— (a) regulation 6(1)(b), for the purpose of making a request; (b) the opening words of regulation 7(1); (c) regulation 8; (d) regulation 9(4)(b); (e) regulation 10(2). (3) In paragraph (1), the “relevant resident’s representative” means— (a) a person with parental responsibility for the relevant resident; (b) where the relevant resident lacks capacity in relation to the matters to which the provisions set out in paragraph (2) relate, a person who is— (i) the attorney under a registered enduring power of attorney which relates to that resident, (ii) the donee of a lasting power of attorney which relates to that resident, or (iii) a deputy appointed in relation to that resident by the Court of Protection. (4) For the purposes of paragraph (3)— (a) “parental responsibility” has the same meaning as in section 3 of the Children Act 1989; (b) a relevant resident lacks capacity in relation to a matter if that resident lacks capacity in relation to it for the purposes of section 2 of the Mental Capacity Act 2005.
11 Relevant resident’s representative
(1) In the provisions set out in paragraph (2), a reference to the relevant resident includes a reference to the relevant resident’s representative. (2) The provisions are— (a) regulation 6(1)(b), for the purpose of making a request; (b) the opening words of regulation 7(1); (c) regulation 8; (d) regulation 9(4)(b); (e) regulation 10(2). (3) In paragraph (1), the “relevant resident’s representative” means— (a) a person with parental responsibility for the relevant resident; (b) where the relevant resident lacks capacity in relation to the matters to which the provisions set out in paragraph (2) relate, a person who is— (i) the attorney under a registered enduring power of attorney which relates to that resident, (ii) the donee of a lasting power of attorney which relates to that resident, or (iii) a deputy appointed in relation to that resident by the Court of Protection. (4) For the purposes of paragraph (3)— (a) “parental responsibility” has the same meaning as in section 3 of the Children Act 1989; (b) a relevant resident lacks capacity in relation to a matter if that resident lacks capacity in relation to it for the purposes of section 2 of the Mental Capacity Act 2005.
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