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12.23.—(1) This sub-division applies where it appears to the court in insolvency proceedings that a person affected by the proceedings is unable to manage and administer that person's own property and affairs by reason of —
(a)lacking capacity within the meaning of the Mental Capacity Act 2005 M1;
(b)suffering from a physical affliction; or
(c)disability.
(2) Such a person is referred to in this sub-division as “the incapacitated person”.