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Mental Capacity Act 2005

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Section 67(2)

SCHEDULE 7E+WRepeals

This schedulenoteType=Explanatory Notes has no associated
Short title and chapterExtent of repeal
Trustee Act 1925 (c. 19)Section 54(3).
Law of Property Act 1925 (c. 20)Section 205(1)(xiii).
Administration of Estates Act 1925 (c. 23)Section 55(1)(viii)
U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)In section 1(4), the words from “or for whom” to “1983”.
Mental Health Act 1959 (c. 72)

In Schedule 7, in Part 1, the entries relating to—

  • section 33 of the Fines and Recoveries Act 1833,

  • section 68 of the Improvement of Land Act 1864,

  • section 55 of the Trustee Act 1925,

  • section 205(1) of the Law of Property Act 1925,

  • section 49 of the National Assistance Act 1948, and

  • section 1 of the Variation of Trusts Act 1958.

Courts Act 1971 (c. 23)In Schedule 2, in Part 1A, the words “Master of the Court of Protection”.
Local Government Act 1972 (c. 70)Section 118.
Limitation Act 1980 (c. 58)Section 38(3) and (4).
Supreme Court Act 1981 (c. 54)In Schedule 2, in Part 2, paragraph 11.
Mental Health Act 1983 (c. 20)

Part 7.

In section 139(1) the words from “or in, or in pursuance” to “Part VII of this Act,”.

In section 145(1), in the definition of “patient” the words “(except in Part VII of this Act)”.

In sections 146 and 147 the words from “104(4)” to “section),”.

Schedule 3.

In Schedule 4, paragraphs 1, 2, 4, 5, 7, 9, 14, 20, 22, 25, 32, 38, 55 and 56.

In Schedule 5, paragraphs 26, 43, 44 and 45.

Enduring Powers of Attorney Act 1985 (c. 29)The whole Act.
Insolvency Act 1986 (c. 45)

In section 389A(3)—

the “or” immediately after paragraph (b), and in paragraph (c), the words “Part VII of the Mental Health Act 1983 or”.

In section 390(4)—

the “or” immediately after paragraph (b), and in paragraph (c), the words “Part VII of the Mental Health Act 1983 or”.

Public Trustee and Administration of Funds Act 1986 (c. 57)

Section 2.

Section 3(7).

Child Support Act 1991 (c. 48)

In section 50(8)—

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

Social Security Administration Act 1992 (c. 5)

In section 123(10)—

  • in paragraph (b), “a receiver appointed under section 99 of the Mental Health Act 1983 or”,

  • in paragraph (d)(i), “sub-paragraph (a) of rule 41(1) of the Court of Protection Rules Act 1984 or”,

  • in paragraph (d)(ii), “a receiver ad interim appointed under sub-paragraph (b) of the said rule 41(1) or”, and

  • “receiver,”.

Trustee Delegation Act 1999 (c. 15)

Section 4.

Section 6.

In section 7(3), the words “in accordance with section 4 above”.

Care Standards Act 2000 (c. 14)In Schedule 4, paragraph 8.
Licensing Act 2003 (c. 17)In section 47(10), the definition of “mentally incapable”.
Courts Act 2003 (c. 64)In section 64(2), the words “Master of the Court of Protection”.

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