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Contents

Long Title

Enacting Formula

Part I PRELIMINARY

Part II PERSONS WHO LACK CAPACITY

Part III ACTS IN CONNECTION WITH CARE OR TREATMENT

Part IV LASTING POWERS OF ATTORNEY

Part V GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES

Part VI EXCLUDED DECISIONS AND DECLARATORY PROVISIONS

Part VII PUBLIC GUARDIAN AND BOARD OF VISITORS

Part VIII SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT

Part IX MISCELLANEOUS

FIRST SCHEDULE Lasting Powers of Attorney: Formalities

SECOND SCHEDULE Property and Affairs: Supplementary Provisions

THIRD SCHEDULE Consequential and Related Amendments to Other Written Laws

FOURTH SCHEDULE Savings and Transitional Provisions

 
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On 20/06/2013, you requested for the version in force on 20/06/2013 incorporating all amendments published on or before 20/06/2013. The closest version currently available is that of 17/10/2008.
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THIRD SCHEDULE
Section 47
Consequential and Related Amendments to Other Written Laws
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(1) Bankruptcy Act
(Chapter 20, 2000 Ed.)
 
Section 80
Insert, immediately after subsection (6), the following subsection:
“(7)  In this section, “general powers of attorney” include lasting powers of attorney registered under the Mental Capacity Act 2008.”.
 
 
(2) Companies Act
(Chapter 50, 2006 Ed.)
 
Section 278
Insert, immediately after subsection (9), the following subsection:
“(10)  In this section, “general power of attorney” includes a lasting power of attorney registered under the Mental Capacity Act 2008.”.
 
 
(3) Conveyancing and Law of
Property Act
(Chapter 61, 1994 Ed.)
 
(a) Section 46
Insert, immediately after subsection (2), the following subsection:
“(3)  In this section, “power of attorney” does not include a lasting power of attorney registered under the Mental Capacity Act 2008.”.
(b) Section 47
Insert, immediately after subsection (3), the following subsection:
“(4)  In this section, “power of attorney” does not include a lasting power of attorney registered under the Mental Capacity Act 2008.”.
(c) Section 48
Insert, immediately after subsection (10), the following subsection:
“(11)  Any reference in section 8 or any written law to a power of attorney deposited, filed or registered under or in the manner provided by this section includes a reference to a lasting power of attorney registered under the Mental Capacity Act 2008.”.
 
 
(4) Limited Liability Partnerships Act
(Chapter 163A, 2006 Ed.)
 
Fifth Schedule, paragraph 25
Insert, immediately after sub-paragraph (11), the following sub-paragraph:
“(12)  In this paragraph, “general power of attorney” includes a lasting power of attorney registered under the Mental Capacity Act 2008.”.
 
 
(5) Public Trustee Act
(Chapter 260, 1985 Ed.)
 
Section 4
Delete subsection (1A) and substitute the following subsection:
“(1A)  In addition to the powers and duties under subsection (1), the Public Trustee may —
(a)
undertake such functions and duties relating to victims of motor accidents and their claims to compensation as the Minister may assign him;
(b)
be appointed as a deputy by the High Court under the Mental Capacity Act 2008 with powers and duties conferred or imposed under that Act in relation to the property and affairs of a person who lacks capacity.”.
 
 
(6) Trustees Act
(Chapter 337, 2005 Ed.)
 
Section 42
Delete subsection (4) and substitute the following subsection:
“(4)  Nothing in this section shall —
(a)
give power to appoint an executor or administrator;
(b)
prevent a donee of a lasting power of attorney created by a trustee from acting for the trustee when such trustee lacks capacity to exercise his functions as trustee.”.