PART 2 JUSTIFICATION

3 Circumstances in which mental incapacity justification does not apply
The conditions specified in sections 20(4)(b) and 21D(4)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—
(a) a power of attorney; or
(b) functions conferred by or under Part 7 of the Mental Health Act 1983; or
1983 c. 20. Part 7 is repealed by section 66 and Schedule 7 of the Mental Capacity Act 2005 (c. 9) which are not yet in force.
(c) powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.