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Circumstances in which mental incapacity justification does not apply

2.  The condition specified in sections 24(3)(b) and 24K(2)(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;

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