MCA s46 text: Difference between revisions

Revision as of 16:30, 16 December 2006

The judges of the Court of Protection

46.— (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-

(a) the Lord Chancellor, or

(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,

(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.

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.

@@ Line 1: / Line 1: @@
 <div class="text">
-'''The Court of Protection'''
+'''The judges of the Court of Protection'''
-.—(1) There is to be a superior court of record known as the Court of Protection.
+.— (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-
+:(a) the Lord Chancellor, or
+:(b) a person acting on the Lord Chancellor's behalf.
+(2) To be nominated, a judge must be-
-(2) The court is to have an official seal.
+:(a) the President of the Family Division,
+:(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-
-(3) The court may sit at any place in England and Wales, on any day and at any time.
+:(a) appoint one of the judges nominated by virtue of subsection (2)(a) to (c) to be President of the Court of Protection, and
-(4) The court is to have a central office and registry at a place appointed by the Lord Chancellor.
+:(b) appoint another of those judges to be Vice-President of the Court of Protection.
-(5) The Lord Chancellor may designate as additional registries of the court any district registry of the High Court and any county court office.
+(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.
-(6) The office of the Supreme Court called the Court of Protection ceases to exist.
 {{mca-orig}}
 </div>