For the purposes of a relevant determination the criteria in—
regulation 39 (standard criteria for determinations for legal representation) and regulations 41(a) and (b), 42 and 43 (criteria for determinations for full representation) apply;
regulations 41(c) and 44 (multi-party action damages criterion) do not apply; and
paragraph (2) apply.
The Director must be satisfied that—
the Court of Protection has ordered, or is likely to order, an oral hearing; and
it is necessary for the individual to be provided with full representation in the proceedings.
In this regulation, a relevant determination is a determination for full representation in relation to any matter described in paragraph 5(1)(c) of Part 1 of Schedule 1 to the Act (mental capacity) in proceedings before the Court of Protection to the extent that they relate to—
a person's right to life;
a person's liberty or physical safety;
a person's medical treatment (within the meaning of the Mental Health Act 1983 );
a person's capacity to marry, to enter into a civil partnership or to enter into sexual relations; or
a person's right to family life.