SCHEDULE 1

MINOR AND CONSEQUENTIAL AMENDMENTS

National Savings Bank Regulations 1972

4.—(1) The National Savings Bank Regulations 1972(1) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a)“ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b)“ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 7 (mentally disordered persons)—

(a)in the title, for “Mentally disordered persons” substitute “Persons who lack capacity”;

(b)in paragraph (1), for “mentally disordered person, by his receiver” substitute “person who lacks capacity, by his deputy”;

(c)in paragraphs (2), (3) and (4) in each place—

(i)for “mentally disordered person” substitute “person who lacks capacity”, and

(ii)for “receiver” substitute “deputy”;

(4) In regulation 8(4)(c) (joint accounts)—

(a)for “mentally disordered person” substitute “person who lacks capacity”; and

(b)for “receiver” substitute “deputy”.

(5) In regulation 9(4) (trust accounts)—

(a)for both references to “mentally disordered person” substitute “person who lacks capacity”; and

(b)for “receiver” substitute “deputy”.

(6) In regulation 37(1)(b) (payment under nomination)—

(a)for “mentally disordered person” substitute “person who lacks capacity”; and

(b)for “receiver” substitute “deputy”.

(7) In regulation 45 (persons under disability)—

(a)for “mentally disordered person” substitute “person who lacks capacity”; and

(b)for “receiver” substitute “deputy”.

(8) In regulation 57(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(9) In regulation 58 (application to the Channel Islands)—

(a)in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b)in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(1)

S.I. 1972/764, amended by S.I. 1984/9; there are other amending instruments but none are relevant.