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Mental Capacity Act 2005

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Child Support Act 1991 (c. 48)E+W

36In section 50 of the Child Support Act 1991 (c. 48) (unauthorised disclosure of information)—E+W

(a)in subsection (8)—

(i)immediately after paragraph (a), insert “ or ”,

(ii)omit paragraphs (b) and (d) and the “or” immediately after paragraph (c), and

(iii)for “, receiver, custodian or appointee” substitute “ or custodian ”, and

(b)after that subsection, insert—

(9)Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is—

(a)a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or

(b)a deputy appointed for him, or any other person authorised, by the Court of Protection,

with power in that respect..

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