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Mental Capacity Act 2005
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- UK Public General Acts
- 2005 c. 9
- SCHEDULE 6
- Paragraph 1
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Fines and Recoveries Act 1833 (c. 74)
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1(1)The Fines and Recoveries Act 1833 (c. 74) is amended as follows.
(2)In section 33 (case where protector of settlement lacks capacity to act), for the words from “shall be incapable” to “is incapable as aforesaid” substitute “lacks capacity (within the meaning of the Mental Capacity Act 2005) to manage his property and affairs, the Court of Protection is to take his place as protector of the settlement while he lacks capacity”.
(3)In sections 48 and 49 (mental health jurisdiction), for each reference to the judge having jurisdiction under Part 7 of the Mental Health Act substitute a reference to the Court of Protection.
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