MCA s21 text

Transfer of proceedings relating to people under 18

21.—(1) The [Lord Chief Justice, with the concurrence of the Lord Chancellor,][1] 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).][1]


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.