S93 text: Difference between revisions

Revision as of 16:06, 22 October 2008

Judicial authorities and Court of Protection

93.—^[1]

Amendments

↑ Repealed by Mental Capacity Act 2005 s67 and sch 7; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/07

[1] Repealed by Mental Capacity Act 2005 s67 and sch 7; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/07

[1]

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 '''Judicial authorities and Court of Protection'''
-.—(1) The [Lord Chief Justice shall, after consulting the Lord Chancellor,]<ref name="CRA">[[Constitutional Reform Act 2005]]</ref> from time to time nominate one or more judges of the Supreme Court (in this Act referred to as "nominated judges") to act for the purposes of this Part of this Act.
+.—<ref>Repealed by Mental Capacity Act 2005 [[MCA 2005 s67|s67]] and [[MCA 2005 sch 7|sch 7]]; [[Mental Capacity Act 2005 (Commencement No.2) Order 2007]] wef 1/10/07</ref>
-(2)	There shall continue to be an office of the Supreme Court, called the Court of Protection, for the protection and management, as provided by this Part of this Act, of the property and affairs of persons under disability; and there shall continue to be a Master of the Court of Protection appointed by [Her Majesty]<ref name="CRA"/> under section 89 of the Supreme Court Act 1981.
-(3)	The Master of the Court of Protection shall take the oath of allegiance and judicial oath in the presence of the [Lord Chief Justice];<ref name="CRA"/> and the Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included the Master of the Court of Protection.
-(4)	The Lord Chancellor may [, with the concurrence of the Lord Chief Justice,]<ref name="CRA"/> nominate other officers of the Court of Protection (in this Part of this Act referred to as "nominated officers") to act for the purposes of this Part of this Act.
-[(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).]<ref name="CRA"/>
-'''Amendments'''
-<references/>
-{{newmha}}
-.—[...]<ref name="MHA">[[Mental Health Act 2007]]</ref>
 {{amdts}}
 <references/>
 </div>
 __NOEDITSECTION__