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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”.
Modifications etc. (not altering text)
C1Rules 12.6-12.31 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 62-73, Sch. (with rule 2(2))
Marginal Citations