Textual Amendments
F1S. 19 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 ( with ss. 24(2), 25(4)); S.I. 1996/2974, art.2
The appointment of an infant to be a trustee in relation to any settlement or trust shall be void, but without prejudice to the power to appoint a new trustee to fill the vacancy.
A married infant shall have power to give valid receipts for all income (including statutory accumulations of income made during the minority) to which the infant may be entitled in like manner as if the infant were of full age.
(1)Where a legal estate in land (whether settled or not) is vested [F4, either solely or jointly with any other person or persons, in a person lacking capacity (within the meaning of the Mental Capacity Act 2005) to convey or create a legal estate, a deputy appointed for him by the Court of Protection or (if no deputy is appointed] for him) any person authorised in that behalf shall, under an order of [F5the Court of Protection] , or of the court, or under any statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.
(2)If land [F3subject to a trust of land] is vested, either solely or jointly with any other person or persons, in a person who [F6lacks capacity (within the meaning of that Act) to exercise] his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with [F3by the trustees].
[F7(3)Subsection (2) of this section does not prevent a legal estate being dealt with without the appointment of a new trustee, or the discharge of the incapable trustee, at a time when the donee of [F8an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act) is entitled to act for the trustee who lacks capacity inrelation to the dealing.]]]
Textual Amendments
F2S. 22 substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I
F3Words in s. 22(2) and sidenote substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 4(6) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F4Words in s. 22(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(a)(i) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F5Words in s. 22(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(a)(ii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F6Words in s. 22(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(b) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F7S. 22(3) inserted (1.3.2000) by 1999 c. 15, s. 9(1)(2); S.I. 2000/216, art. 2
F8Words in s. 22(3) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(c) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)