Mental Capacity Act 2005

19 E+W In section 40 of the Matrimonial Causes Act 1973 (c. 18) (payments to person who lacks capacity) (which becomes subsection (1))—

(a) for the words from “is incapable” to “affairs” substitute “ (“P”) lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to the provisions of the order ”,

(b) for “that person under Part VIII of that Act” substitute “ P under that Act ”,

(c) for the words from “such persons” to the end substitute “ such person (“D”) as it may direct ”, and

(d) at the end insert—

“(2) In carrying out any functions of his in relation to an order made under subsection (1), D must act in P's best interests (within the meaning of that Act).”.