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SCHEDULES

SCHEDULE 1E+W Persons without Power to sell their Interests

Modifications etc. (not altering text)

C1Sch. 1 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 5(4), Sch. 1 paras. 3-9

PreliminaryE+W

1(1)The provisions of this Schedule have effect subject to section 42(7) of the M1Law of Property Act 1925 (which provides that if on a compulsory purchase title could have been made without payment into court, title shall be made in that way unless the purchaser otherwise elects).E+W

(2)The provisions of this Schedule—

(a)have effect as if references to disabilities did not include references to disabilities of infants, married women or lunatics or defectives, and

[F1(b)do not have effect in relation to a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) for the purposes of this Act if—

(i)there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for the person by the Court of Protection, and

(ii)the donee or deputy has power in relation to the person for the purposes of this Act.]

Textual Amendments

F1Sch. 1 para. 1(2)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 12 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

Marginal Citations