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Mental Capacity Act 2005
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Changes to legislation:
Mental Capacity Act 2005, Paragraph 13 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 6 Paragraph 13:
- s. 4C inserted by 2019 c. 18 s. 1(3)
- s. 21ZA and cross-heading inserted by 2019 c. 18 s. 3
- s. 36(2)(da) inserted by 2019 c. 18 Sch. 2 para. 4(4)
- s. 42(1A) inserted by 2019 c. 18 s. 4(2)
- s. 42(2A)(2B) inserted by 2019 c. 18 s. 4(3)
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4C inserted by 2019 c. 18 s. 1(3)
- s. 21ZA and cross-heading inserted by 2019 c. 18 s. 3
- s. 36(2)(da) inserted by 2019 c. 18 Sch. 2 para. 4(4)
- s. 42(1A) inserted by 2019 c. 18 s. 4(2)
- s. 42(2A)(2B) inserted by 2019 c. 18 s. 4(3)
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
This section has no associated Explanatory Notes
13(1)For section 26(2) of the Leasehold Reform Act 1967 (c. 88) (landlord lacking capacity) substitute—E+W
“(2)Where a landlord lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as a landlord, those functions are to be exercised—
(a)by a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for him by the Court of Protection, with power to exercise those functions, or
(b)if no donee or deputy has that power, by a person authorised in that respect by that court.”.
(2)That amendment does not affect any proceedings pending at the commencement of this paragraph in which a receiver or a person authorised under Part 7 of the Mental Health Act is acting on behalf of the landlord.
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