SCHEDULES
SCHEDULE 6Minor and consequential amendments
Trustee Act 1925 (c. 19)
3
1
The Trustee Act 1925 (c. 19) is amended as follows.
2
In section 36 (appointment of new trustee)—
a
in subsection (6C), for the words from “a power of attorney” to the end, substitute “
an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005
”
, and
b
in subsection (9)—
i
for the words from “is incapable” to “exercising” substitute “
lacks capacity to exercise
”
, and
ii
for the words from “the authority” to the end substitute “
the Court of Protection
”
.
3
In section 41(1)
(power of court to appoint new trustee) for the words from “is incapable” to “exercising” substitute “
lacks capacity to exercise
”
.
4
In section 54 (mental health jurisdiction)—
a
for subsection (1) substitute—
1
Subject to subsection (2), the Court of Protection may not make an order, or give a direction or authority, in relation to a person who lacks capacity to exercise his functions as trustee, if the High Court may make an order to that effect under this Act.
b
in subsection (2)—
i
for the words from the beginning to “of a receiver” substitute “
Where a person lacks capacity to exercise his functions as a trustee and a deputy is appointed for him by the Court of Protection or an application for the appointment of a deputy
”
,
ii
for “the said authority”, in each place, substitute “
the Court of Protection
”
, and
iii
for “the patient”, in each place, substitute “
the person concerned
”
, and
c
omit subsection (3).
5
In section 55 (order made on particular allegation to be conclusive evidence of it)—
a
for the words from “Part VII” to “Northern Ireland” substitute “
sections 15 to 20 of the Mental Capacity Act 2005 or any corresponding provisions having effect in Northern Ireland
”
, and
b
for paragraph (a) substitute—
a
that a trustee or mortgagee lacks capacity in relation to the matter in question;
6
In section 68 (definitions), at the end add—
3
Any reference in this Act to a person who lacks capacity in relation to a matter is to a person—
a
who lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to that matter, or
b
in respect of whom the powers conferred by section 48 of that Act are exercisable and have been exercised in relation to that matter.