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Mental Capacity (Amendment) Act 2019
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This version of this provision is prospective.
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There are currently no known outstanding effects for the Mental Capacity (Amendment) Act 2019, Section 3.
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Prospective
3Powers of the court to determine questionsE+W
This section has no associated Explanatory Notes
After section 21 of the Mental Capacity Act 2005 insert—
“Powers of the court in relation to Schedule AA1E+W
21ZAPowers of court in relation to Schedule AA1
(1)This section applies where an authorisation under Schedule AA1—
(a)has effect, or
(b)is to have effect from a date specified under paragraph 28 of that Schedule.
(2)The court may determine any question relating to—
(a)whether Schedule AA1 applies to the arrangements, or whether the authorisation conditions are met;
(b)what period the authorisation has effect for;
(c)what the authorisation relates to.
(3)If the court determines a question under subsection (2), the court may make an order—
(a)varying or terminating the authorisation;
(b)directing the responsible body to vary the authorisation.
(4)Where the court makes an order under subsection (3) the court may make an order about a person's liability for anything done in carrying out the arrangements before the variation or termination.
(5)An order under subsection (4) may, in particular, exclude a person from liability.
(6)“Authorisation conditions” has the meaning given by paragraph 13 of Schedule AA1.”
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