Commentary on Sections Part 2: Disabled people: Right to control provision of services Section 43: Exercise of rights on behalf of persons who lack capacity
215.This section enables regulations which make provision for the right to control to be exercised on behalf of a disabled person where the person lacks mental capacity to take decisions. It defines this concept by reference to the Mental Capacity Act 2005 in relation to England and Wales and the Adults with Incapacity (Scotland) Act 2000 in relation to Scotland.