MCA s47 text: Difference between revisions

Latest revision as of 00:17, 6 August 2015

General powers and effect of orders etc.

47.—(1) The court has in connection with its jurisdiction the same powers, rights, privileges and authority as the High Court.

(2) Section 204 of the Law of Property Act 1925 (c. 20) (orders of High Court conclusive in favour of purchasers) applies in relation to orders and directions of the court as it applies to orders of the High Court.

(3) Office copies of orders made, directions given or other instruments issued by the court and sealed with its official seal are admissible in all legal proceedings as evidence of the originals without any further proof.

Amendments

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

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-<div class="text">
+<div class="perm">
-'''The judges of the Court of Protection'''
+'''General powers and effect of orders etc.'''
-(1) Subject to Court of Protection Rules under section 51(2)(d), the jurisdiction of the court is exercisable by a judge nominated for that purpose by-
+.—(1) The court has in connection with its jurisdiction the same powers, rights, privileges and authority as the High Court.
-:(a) the Lord Chancellor, or
+(2) Section 204 of the Law of Property Act 1925 (c. 20) (orders of High Court conclusive in favour of purchasers) applies in relation to orders and directions of the court as it applies to orders of the High Court.
-:(b) a person acting on the Lord Chancellor's behalf.
-(2) To be nominated, a judge must be-
-:(a) the President of the Family Division,
+(3) Office copies of orders made, directions given or other instruments issued by the court and sealed with its official seal are admissible in all legal proceedings as evidence of the originals without any further proof.
-:(b) the Vice-Chancellor,
-:(c) a puisne judge of the High Court,
-:(d) a circuit judge, or
-:(e) a district judge.
-(3) The Lord Chancellor must-
-:(a) appoint one of the judges nominated by virtue of subsection (2)(a) to (c) to be President of the Court of Protection, and
-:(b) appoint another of those judges to be Vice-President of the Court of Protection.
-(4) The Lord Chancellor must appoint one of the judges nominated by virtue of subsection (2)(d) or (e) to be Senior Judge of the Court of Protection, having such administrative functions in relation to the court as the Lord Chancellor may direct.
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