S94 text: Difference between revisions

Revision as of 16:07, 22 October 2008

Exercise of judge's functions: "the patient"

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↑ Repealed by Mental Capacity Act 2005 s67 and sch 7; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/07

[1] Repealed by Mental Capacity Act 2005 s67 and sch 7; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/07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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 '''Exercise of judge's functions: "the patient"'''
-.—(1) [Subject to subsection (1A) below]<ref name="PTA">[[Public Trustee and Administration of Funds Act 1986]]</ref> the functions expressed to be conferred by this Part of this Act on the judge shall be exercisable [...]<ref>[[Constitutional Reform Act 2005]]</ref> by any nominated judge, and shall also be exercisable by the Master of the Court of Protection [, by the Public Trustee]<ref name="PTA"/> or by any nominated officer, but—
+.—<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Repealed by Mental Capacity Act 2005 [[MCA 2005 s67|s67]] and [[MCA 2005 sch 7|sch 7]]; [[Mental Capacity Act 2005 (Commencement No.2) Order 2007]] wef 1/10/07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>
-:(a)	in the case of the Master [, the Public Trustee]<ref name="PTA"/> or any nominated officer, subject to any express provision to the contrary in this Part of this Act or any rules made under this Part of this Act,
-:[(aa) in the case of the Public Trustee, subject to any directions of the Master and so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master,]<ref name="PTA"/>
-:(b)	in the case of any nominated officer, subject to any directions of the Master and so far only as may be provided by the instrument by which he is nominated;
-and references in this Part of this Act to the judge shall be construed accordingly.
-[(1A)  In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions of the judge under this Part of this Act shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise).]<ref name="PTA"/>
-(2)	The functions of the judge under this Part of this Act shall be exercisable where, after considering medical evidence, he is satisfied that a person is incapable, by reason of mental disorder, of managing and administering his property and affairs; and a person as to whom the judge is so satisfied is referred to in this Part of this Act as a patient.
-'''Amendments'''
-<references/>
-{{newmha}}
-.—[...]<ref name="MHA">[[Mental Health Act 2007]]</ref>
 {{amdts}}