Source · Select Committees · Human Rights (Joint Committee)

Recommendation 3

3 Paragraph: 22

Those lacking full capacity should always have the requirement for full capacity waived if it...

Conclusion
Those lacking full capacity should always have the requirement for full capacity waived if it is in their best interests to do so. We propose an amendment to section 44A BNA so that the Secretary of State “should” waive the requirement for a person to have full capacity if it is in the applicant’s best interests, so as not to unfairly disadvantage those lacking full capacity.
Paragraph Reference: 22