The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020

CHAPTER 5 Persons who lack capacity to manage their affairs

Introductory

128.—(1) The Rules in this Chapter apply where it appears to the court in SMCL administration proceedings that a person affected by the proceedings is unable to manage and administer that person’s own property and affairs by reason of—

(a) lacking capacity within the meaning of the Mental Capacity Act 2005(1);

(b) suffering from a physical affliction; or

(c) disability.

(2) Such a person is referred to in this Chapter as “the incapacitated person”.

Appointment of another person to act

129.—(1) The court may appoint such person as it thinks just to appear for, represent or act for the incapacitated person.

(2) The appointment may be made either generally or for the purpose of a particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for the incapacitated person’s incapacity.

(3) The court may make the appointment either of its own motion or on application by—

(a) a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person;

(b) any person who appears to the court to be a suitable person to make the application; or

(c) the SMCL administrator.

(4) An application under paragraph (3) may be made without notice to any other party; but the court may require such notice of the application as it thinks necessary to be delivered to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be delivered.

Witness statement in support of application

130.  An application under Rule 129(3) must be supported by a witness statement made by a registered medical practitioner as to the mental or physical condition of the incapacitated person.

Service of notices following appointment

131.  Any notice served on, or sent to, a person appointed under Rule 129 has the same effect as if it had been served on, or sent to, the incapacitated person.

(1)

2005 c.9.