Part 1

Persons who lack capacity

General powers of the court and appointment of deputies

Transfer of proceedings relating to people under 18
21
1
The Lord Chief Justice, with the concurrence of the Lord Chancellor, may by order make provision as to the transfer of proceedings relating to a person under 18, in such circumstances as are specified in the order—
a
from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or
b
from a court having jurisdiction under that Act to the Court of Protection.
2
The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
a
the President of the Court of Protection;
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
S. 21 renumbered as s. 21(1) (3.4.2006) by virtue of The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 31(2)
Words in s. 21(1) substituted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 31(3)
S. 21(2) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 31(4)
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)