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PART IIJUSTIFICATION

Circumstances in which mental incapacity justification does not apply

3.  The condition specified in sections 20(4)(b) and 21D(4)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—

(a)an enduring power of attorney; or

(b)functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986(1).