SCHEDULES
SCHEDULE 5Transitional provisions and savings
Part 1Repeal of Part 7 of the Mental Health Act 1983
Existing receivers
1
1
This paragraph applies where, immediately before the commencement day, there is a receiver (“R”) for a person (“P”) appointed under section 99 of the Mental Health Act.
2
On and after that day—
a
this Act applies as if R were a deputy appointed for P by the court, but with the functions that R had as receiver immediately before that day, and
b
a reference in any other enactment to a deputy appointed by the court includes a person appointed as a deputy as a result of paragraph (a).
3
On any application to it by R, the court may end R's appointment as P's deputy.
4
Where, as a result of section 20(1), R may not make a decision on behalf of P in relation to a relevant matter, R must apply to the court.
5
If, on the application, the court is satisfied that P is capable of managing his property and affairs in relation to the relevant matter—
a
it must make an order ending R's appointment as P's deputy in relation to that matter, but
b
it may, in relation to any other matter, exercise in relation to P any of the powers which it has under sections 15 to 19.
6
If it is not satisfied, the court may exercise in relation to P any of the powers which it has under sections 15 to 19.
7
R's appointment as P's deputy ceases to have effect if P dies.
8
“Relevant matter” means a matter in relation to which, immediately before the commencement day, R was authorised to act as P's receiver.
9
In sub-paragraph (1), the reference to a receiver appointed under section 99 of the Mental Health Act includes a reference to a person who by virtue of Schedule 5 to that Act was deemed to be a receiver appointed under that section.