SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation
Mental Capacity Act 200533
1
Section 46 is amended in accordance with this paragraph.
2
In subsection (1)(a), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
For subsection (1)(b) substitute—
b
where nominated by the Lord Chief Justice to act on his behalf under this subsection—
i
the President of the Court of Protection; or
ii
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
4
In subsection (3), for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor,”.
5
In subsection (4)—
a
for “Lord Chancellor” in the first place substitute “Lord Chief Justice, after consulting the Lord Chancellor,”;
b
after “Lord Chancellor” in the second place insert “, after consulting the Lord Chief Justice,”.