Mental Capacity Act 2005 (c. 9)

SCHEDULES

SCHEDULE 6 E+W Minor and consequential amendments

Variation of Trusts Act 1958 (c. 53) E+W

9 E+W In section 1 of the Variation of Trusts Act 1958 (c. 53) (jurisdiction of courts to vary trusts)—

(a) in subsection (3), for the words from “shall be determined” to the end substitute “ who lacks capacity (within the meaning of the Mental Capacity Act 2005) to give his assent is to be determined by the Court of Protection ”, and

(b) in subsection (6), for the words from “the powers” to the end substitute “ the powers of the Court of Protection ”.