SCHEDULES
C1SCHEDULE 1 Persons without Power to sell their Interests
Preliminary
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).
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
F1b
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.
Sch. 1 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 5(4), Sch. 1 paras. 3-9