Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

46A. Principles with regard to specified persons

(1) Subsections (2) to (7) shall be taken into account by a specified person when acting as such.

(2) A specified person shall not act as such unless it is necessary to do so having regard to the individual circumstances of the person on whose behalf he or she is acting (in this section referred to as the 'other person').

(3) An action by a specified person in respect of the other person shall -

(a) be made in a manner that minimises -

(i) the restriction of the other person's rights, and

(ii) the restriction of the other person's freedom of action,

(b) have due regard to the need to respect the right of the other person to dignity, bodily integrity, privacy, autonomy and control over his or her financial affairs and property,

(c) be proportionate to the significance and urgency of the matter the subject of the action, and

(d) be as limited in duration in so far as is practicable after taking into account the particular circumstances of the matter the subject of the action.

(4) A specified person, when acting as such, shall -