The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

National Savings Stock Register Regulations 1976

This section has no associated Explanatory Memorandum

6.—(1) The National Savings Stock Register Regulations 1976(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 31 (persons under disability)—

(a)in paragraphs (1) and (2) in each place—

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

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

(b)in paragraphs (3) and (4), for “mentally disordered person” substitute “person who lacks capacity”.

(4) In regulation 59 (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”.

(5) In regulation 60(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”.

(6) In regulation 61(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”.

(7) In regulation 62 (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. 1976/2012, amended by S.I. 1989/2046; there are other amending instruments but none are relevant.