34Requirements in relation to determination of second request

### 34 Requirements in relation to determination of second request > > (1)  A person’s PMP must not make a determination under [section 33](#GS33@EN) of a second request made by the person unless – > > > > > > (a) the PMP, after receiving the second request, has met the person, in person or by way of audio-visual link; and > > > > > > > (b) the PMP, having met the person, in person or by way of audio-visual link, is able to determine the decision-making capacity of the person or adopts under [section 12(5)](#GS12@Gs5@EN) the decision of another person in relation to the decision-making capacity of the person. > > > (2)  A person’s PMP – > > > > > > (a) must not determine under [section 33(b)](#GS33@Hpb@EN) that the person is not eligible to access voluntary assisted dying, by reason only that the PMP does not have sufficient information to determine that the person is eligible to access voluntary assisted dying; and > > > > > > > (b) may refuse to make a determination under [section 33](#GS33@EN) until the PMP has sufficient information to enable the PMP to make the determination; and > > > > > > > (c) must not determine under [section 33(a)](#GS33@Hpa@EN) that the person is eligible to access voluntary assisted dying until the PMP has sufficient information to enable the PMP to make the determination. > > > (3)  A person’s PMP must determine under [section 33](#GS33@EN) a second request by the person by determining under [section 33(a)](#GS33@Hpa@EN) that the person is eligible to access voluntary assisted dying, if the PMP is satisfied that the person is eligible under [section 10](#GS10@EN) to access voluntary assisted dying.