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MCA s46 text: Difference between revisions

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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-
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
:(a) the [Lord Chief Justice],<ref name="LTF">[[Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006]]</ref> or


:(b) a person acting on the Lord Chancellor's behalf.
:[(b) where nominated by the Lord Chief Justice to act on his behalf under this subsection—
 
::(i) the President of the Court of Protection; or
 
::(ii) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).]<ref name="LTF"/>


(2) To be nominated, a judge must be-
(2) To be nominated, a judge must be-
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:(e) a district judge.
:(e) a district judge.


(3) The Lord Chancellor must-
(3) The [Lord Chief Justice, after consulting the Lord Chancellor,]<ref name="LTF"/> 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
:(a) appoint one of the judges nominated by virtue of subsection (2)(a) to (c) to be President of the Court of Protection, and
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:(b) appoint another of those judges to be Vice-President of the Court of Protection.
:(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.
(4) The [Lord Chief Justice, after consulting the Lord Chancellor,]<ref name="LTF"/> 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 [, after consulting the Lord Chief Justice,]<ref name="LTF"/> may direct.


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Revision as of 18:36, 17 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 Chief Justice],[1] or
[(b) where nominated by the Lord Chief Justice to act on his behalf under this subsection—
(i) the President of the Court of Protection; or
(ii) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).][1]

(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 Chief Justice, after consulting the Lord Chancellor,][1] 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 Chief Justice, after consulting the Lord Chancellor,][1] 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 [, after consulting the Lord Chief Justice,][1] 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.

  1. ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006
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