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MCA s52 text: Difference between revisions

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'''Practice directions'''
'''Practice directions'''
   
   
52. (1) The President of the Court of Protection may, with the concurrence of the Lord Chancellor, give directions as to the practice and procedure of the court.
[52.—(1) Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.
 
(2) Directions as to the practice and procedure of the court may not be given by anyone other than the President of the Court of Protection without the approval of the President of the Court of Protection and the Lord Chancellor.
(2) Practice directions given otherwise than under subsection (1) may not be given without the approval of—
 
(3) Nothing in this section prevents the President of the Court of Protection, without the concurrence of the Lord Chancellor, giving directions which contain guidance as to law or making judicial decisions.
:(a) the Lord Chancellor, and
 
:(b) the Lord Chief Justice.
 
(3) 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).]<ref>[[Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006]]</ref>


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Revision as of 18:38, 17 December 2006

Practice directions

[52.—(1) Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

(2) Practice directions given otherwise than under subsection (1) may not be given without the approval of—

(a) the Lord Chancellor, and
(b) the Lord Chief Justice.

(3) 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]

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. ↑ Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006
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