SCHEDULE 6 Minor and Consequential Amendments
Mental Capacity Act 2005 (2005 c 9) | Legislation

SCHEDULE 6 Minor and Consequential Amendments

Section 67(1)

Fines and Recoveries Act 1833 (c 74)

1

(1)     The Fines and Recoveries Act 1833 (c 74) is amended as follows.

(2)     In section 33 (case where protector of settlement lacks capacity to act), for the words from “shall be incapable†to “is incapable as aforesaid†substitute “lacks capacity (within the meaning of the Mental Capacity Act 2005) to manage his property and affairs, the Court of Protection is to take his place as protector of the settlement while he lacks capacityâ€.

(3)     In sections 48 and 49 (mental health jurisdiction), for each reference to the judge having jurisdiction under Part 7 of the Mental Health Act substitute a reference to the Court of Protection.

Improvement of Land Act 1864 (c 114)

2

In section 68 of the Improvement of Land Act 1864 (c 114) (apportionment of rentcharges)—

(a)     for “, curator, or receiver of†substitute “or curator of, or a deputy with powers in relation to property and affairs appointed by the Court of Protection for,â€, and

(b)     for “or patient within the meaning of Part VII of the Mental Health Act 1983†substitute “person who lacks capacity

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