48Requirements in relation to determination by CMP

### 48 Requirements in relation to determination by CMP > > (1)  A person’s CMP must not make a determination under [section 47](#GS47@EN) in relation to the referral of the person under [section 37](#GS37@EN) unless – > > > > > > (a) the CMP, after accepting the referral, has met the person, in person or by way of audio-visual link; and > > > > > > > (b) the CMP, 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 CMP in relation to the person – > > > > > > (a) must not make a determination under [section 47(b)](#GS47@Hpb@EN) that the person is not eligible to access voluntary assisted dying, by reason only that the CMP does not have sufficient information to enable the CMP to determine that the person is eligible to access voluntary assisted dying; and > > > > > > > (b) may refuse to make a determination under [section 47](#GS47@EN) in relation to the person until the CMP has sufficient information to enable the CMP to make the determination; and > > > > > > > (c) must not make a determination under [section 47(a)](#GS47@Hpa@EN) that the person is eligible to access voluntary assisted dying until the CMP has sufficient information to enable the CMP to make the determination. > > > (3)  A person’s CMP must make a determination under [section 47(a)](#GS47@Hpa@EN) that the person is eligible to access voluntary assisted dying, if the CMP is satisfied that the person is eligible under [section 10](#GS10@EN) to access voluntary assisted dying.