Mental Capacity Act 2005 (c. 9)

(The document as of February, 2008)

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Page 9

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(2) In section 16(5) (termination of licence), for "he becomes a patient within the meaning of Part VII of the Mental Health Act 1983" substitute "he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence".

(3) In section 48 (licence not to be transferable, etc.)--

(a) in subsection (2)--

(i) for "or become a patient within the meaning of Part VII of the Mental Health Act 1983" substitute ", or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence,", and

(ii) in paragraph (a), for "became a patient" substitute "became a person who lacked capacity in that respect", and

(b) in subsection (5), for "a patient within the meaning of Part VII of the Mental Health Act 1983" substitute "a person lacking capacity".

Disability Discrimination Act 1995 (c. 50)

41 In section 20(7) of the Disability Discrimination Act 1995 (c. 50) (regulations to disapply provisions about incapacity), in paragraph (b), for "Part VII of the Mental Health Act 1983" substitute "the Mental Capacity Act 2005".

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

42 (1) The Trusts of Land and Appointment of Trustees Act 1996 (c. 47) is amended as follows.

(2) In section 9 (delegation by trustees), in subsection (6), for the words from "an enduring power" to the end substitute "an enduring power of attorney or lasting power of attorney within the meaning of the Mental Capacity Act 2005".

(3) In section 20 (the title to which becomes "Appointment of substitute for trustee who lacks capacity")--

(a) in subsection (1)(a), for "is incapable by reason of mental disorder of exercising" substitute "lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise", and

(b) in subsection (2)--

(i) for paragraph (a) substitute--

" (a) a deputy appointed for the trustee by the Court of Protection, " ,

(ii) in paragraph (b), for the words from "a power of attorney" to the end substitute "an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005", and

(iii) in paragraph (c), for the words from "the authority" to the end substitute "the Court of Protection".

Human Rights Act 1998 (c. 42)

43 In section 4(5) of the Human Rights Act 1998 (c. 42) (courts which may make declarations of incompatibility), after paragraph (e) insert--

" (f) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Vice-Chancellor or a puisne judge of the High Court. "

Access to Justice Act 1999 (c. 22)

44 In paragraph 1 of Schedule 2 to the Access to Justice Act 1999 (c. 22) (services excluded from the Community Legal Service), after paragraph (e) insert--

" (ea) the creation of lasting powers of attorney under the Mental Capacity Act 2005,

(eb) the making of advance decisions under that Act, " .

Adoption and Children Act 2002 (c. 38)

45 In section 52(1)(a) of the Adoption and Children Act 2002 (c. 38) (parental consent to adoption), for "is incapable of giving consent" substitute "lacks capacity (within the meaning of the Mental Capacity Act 2005) to give consent".

Licensing Act 2003 (c. 17)

46 (1) The Licensing Act 2003 (c. 17) is amended as follows.

(2) In section 27(1) (lapse of premises licence), for paragraph (b) substitute--

" (b) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence, " .

(3) In section 47 (interim authority notice in relation to premises licence)--

(a) in subsection (5), for paragraph (b) substitute--

" (b) the former holder lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence and that person acts for him under an enduring power of attorney or lasting power of attorney registered under that Act, " , and

(b) in subsection (10), omit the definition of "mentally incapable".

Courts Act 2003 (c. 39)

47 (1) The Courts Act 2003 (c. 39) is amended as follows.

(2) In section 1(1) (the courts in relation to which the Lord Chancellor must discharge his general duty), after paragraph (a) insert--

" (aa) the Court of Protection, " .

(3) In section 64(2) (judicial titles which the Lord Chancellor may by order alter)--

(a) omit the reference to a Master of the Court of Protection, and

(b) at the appropriate place insert a reference to each of the following--

(i) Senior Judge of the Court of Protection,

(ii) President of the Court of Protection,

(iii) Vice-president of the Court of Protection.

Section 67(2)

SCHEDULE 7 Repeals

Short title and chapter	Extent of repeal
Trustee Act 1925 (c. 19)	Section 54(3).
Law of Property Act 1925 (c. 20)	Section 205(1)(xiii).
Administration of Estates Act 1925 (c. 23)	Section 55(1)(viii)
U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)	In section 1(4), the words from "or for whom" to "1983".
Mental Health Act 1959 (c. 72)	In Schedule 7, in Part 1, the entries relating to-- section 33 of the Fines and Recoveries Act 1833, section 68 of the Improvement of Land Act 1864, section 55 of the Trustee Act 1925, section 205(1) of the Law of Property Act 1925, section 49 of the National Assistance Act 1948, and section 1 of the Variation of Trusts Act 1958.
Courts Act 1971 (c. 23)	In Schedule 2, in Part 1A, the words "Master of the Court of Protection".
Local Government Act 1972 (c. 70)	Section 118.
Limitation Act 1980 (c. 58)	Section 38(3) and (4).
Supreme Court Act 1981 (c. 54)	In Schedule 2, in Part 2, paragraph 11.
Mental Health Act 1983 (c. 20)	Part 7. In section 139(1) the words from "or in, or in pursuance" to "Part VII of this Act,". In section 145(1), in the definition of "patient" the words "(except in Part VII of this Act)". In sections 146 and 147 the words from "104(4)" to "section),". Schedule 3. In Schedule 4, paragraphs 1, 2, 4, 5, 7, 9, 14, 20, 22, 25, 32, 38, 55 and 56. In Schedule 5, paragraphs 26, 43, 44 and 45.
Enduring Powers of Attorney Act 1985 (c. 29)	The whole Act.
Insolvency Act 1986 (c. 45)	In section 389A(3)-- the "or" immediately after paragraph (b), and in paragraph (c), the words "Part VII of the Mental Health Act 1983 or". In section 390(4)-- the "or" immediately after paragraph (b), and in paragraph (c), the words "Part VII of the Mental Health Act 1983 or".
Public Trustee and Administration of Funds Act 1986 (c. 57)	Section 2. Section 3(7).
Child Support Act 1991 (c. 48)	In section 50(8)-- paragraphs (b) and (d), and the "or" immediately after paragraph (c).
Social Security Administration Act 1992 (c. 5)	In section 123(10)-- in paragraph (b), "a receiver appointed under section 99 of the Mental Health Act 1983 or", in paragraph (d)(i), "sub-paragraph (a) of rule 41(1) of the Court of Protection Rules Act 1984 or", in paragraph (d)(ii), "a receiver ad interim appointed under sub-paragraph (b) of the said rule 41(1) or", and "receiver,".
Trustee Delegation Act 1999 (c. 15)	Section 4. Section 6. In section 7(3), the words "in accordance with section 4 above".
Care Standards Act 2000 (c. 14)	In Schedule 4, paragraph 8.
Licensing Act 2003 (c. 17)	In section 47(10), the definition of "mentally incapable".
Courts Act 2003 (c. 64)	In section 64(2), the words "Master of the Court of Protection".

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