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Mental Capacity Act 2005

Mental Capacity Act 2005

2005 CHAPTER 9

Commentary on Sections

Part 2: the Court of Protection and the Public Guardian

The Court of Protection

Section 45: The Court of Protection

130.This section establishes a superior court of record, called the Court of Protection, which will be able to sit anywhere in England and Wales. Welfare matters previously referred to the High Court may be referred to this court. It is intended that the Court of Protection will have a regional presence but will have a central office and registry as designated by the Lord Chancellor. Additional registries (being High Court district registries or county courts) may also be designated. Subsection (6) provides that the former office of the Supreme Court known as the Court of Protection will cease to exist.

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