SCHEDULES

SCHEDULE 6Minor and consequential amendments

Trustee Act 1925 (c. 19)

3

1

The Trustee Act 1925 (c. 19) is amended as follows.

2

In section 36 (appointment of new trustee)—

a

in subsection (6C), for the words from “a power of attorney” to the end, substitute “ an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005 ”, and

b

in subsection (9)—

i

for the words from “is incapable” to “exercising” substitute “ lacks capacity to exercise ”, and

ii

for the words from “the authority” to the end substitute “ the Court of Protection ”.

3

In section 41(1) (power of court to appoint new trustee) for the words from “is incapable” to “exercising” substitute “ lacks capacity to exercise ”.

4

In section 54 (mental health jurisdiction)—

a

for subsection (1) substitute—

1

Subject to subsection (2), the Court of Protection may not make an order, or give a direction or authority, in relation to a person who lacks capacity to exercise his functions as trustee, if the High Court may make an order to that effect under this Act.

b

in subsection (2)—

i

for the words from the beginning to “of a receiver” substitute “ Where a person lacks capacity to exercise his functions as a trustee and a deputy is appointed for him by the Court of Protection or an application for the appointment of a deputy ”,

ii

for “the said authority”, in each place, substitute “ the Court of Protection ”, and

iii

for “the patient”, in each place, substitute “ the person concerned ”, and

c

omit subsection (3).

5

In section 55 (order made on particular allegation to be conclusive evidence of it)—

a

for the words from “Part VII” to “Northern Ireland” substitute “ sections 15 to 20 of the Mental Capacity Act 2005 or any corresponding provisions having effect in Northern Ireland ”, and

b

for paragraph (a) substitute—

a

that a trustee or mortgagee lacks capacity in relation to the matter in question;

6

In section 68 (definitions), at the end add—

3

Any reference in this Act to a person who lacks capacity in relation to a matter is to a person—

a

who lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to that matter, or

b

in respect of whom the powers conferred by section 48 of that Act are exercisable and have been exercised in relation to that matter.