PART 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 8

SUPPLEMENTARY

Other supplementary provision

Part 2 not applicable where other authority for act
60
1
Section 9 does not apply in relation to an act—
a
which gives effect to a relevant decision; or
b
which a person has a power (or duty) to do under any other statutory provision (including any provision of this Act).
2
In this section a “relevant decision” means a decision concerning the care, treatment or personal welfare of a person (“P”) which—
a
is made by the court on P's behalf under section 113(2)(a);
b
is made in accordance with this Act by an attorney under a lasting power of attorney granted by P and is within the scope of the attorney's authority;
c
is made in accordance with this Act by a deputy appointed for P by the court and is within the scope of the deputy's authority; or
d
where P is under 18, is a decision made by a parent or guardian of P which is effective under any rule of law.
S. 60(1)(2)(d) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)