SCHEDULE 1

MINOR AND CONSEQUENTIAL AMENDMENTS

Premium Savings Bond Regulations 1972

5.—(1) The Premium Savings Bond 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 4 (persons entitled to purchase and hold bonds)—

(a)in paragraph (3)(b), for “mentally disordered person, by his receiver” substitute “a person who lacks capacity, by his deputy”; and

(b)in paragraph (5)(b), for “mentally disordered person” substitute “person who lacks capacity”.

(4) In regulation 10 (payment in case of mentally disordered persons)—

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

(b)in paragraph (1) –

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

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

(c)in paragraph (2), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy has been appointed in relation to his property and affairs”.

(5) In regulation 16 (persons under disability)—

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

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

(6) In regulation 31 (application to Scotland)—

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

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

(7) In regulation 32(2) (application to Northern Ireland)—

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

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

(8) In regulation 33(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 34 (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. 1972/765, amended by S.I. 1972/765, 1991/1337; there are other amending instruments but none are relevant.