Mental Capacity Act 2008 · 2020 Revised Edition · Part 7 · Public Guardian and Board of Visitors
35. Board of Visitors
Feedback & supportLast amended by an amending law of 2025.
The Minister may appoint persons to be members of a Board of Visitors.
An appointment under subsection (1) must be published in the Gazette.
The Board of Visitors consists of —
Special Visitors; and
General Visitors.
A person is not qualified to be a Special Visitor unless he or she —
is a registered medical practitioner or appears to the Minister to have other suitable qualifications or training; and
appears to the Minister to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.
A General Visitor need not have a medical qualification.
A member of the Board of Visitors —
may be appointed for such term and subject to such conditions; and
may be paid such remuneration and allowances,as the Minister may determine.
For the purpose of carrying out his or her functions under this Act in relation to a person who lacks capacity (“P”), a member of the Board of Visitors may, at all reasonable times, examine and take copies of —
any health record; and
any record held by any person and compiled in connection with a social services function,so far as the record relates to P.
A member of the Board of Visitors may also for that purpose interview P in private.