Trustee Act 1925

[F1 54 Jurisdiction in regard to mental patients. E+W

[F2 (1) Subject to subsection (2), the Court of Protection may not make an order, or give a direction or authority, in relation to a person who lacks capacity to exercise his functions as trustee, if the High Court may make an order to that effect under this Act.]

(2) [F3 Where a person lacks capacity to exercise his functions as a trustee and a deputy is appointed for him by the Court of Protection or an application for the appointment of a deputy ]has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, [F4 the Court of Protection ] shall have concurrent jurisdiction with the High Court in relation to—

(a) mortgaged property of which [F5 the person concerned ]has become a trustee merely by reason of the mortgage having been paid off;

(b) matters consequent on the making of provision by [F4 the Court of Protection ] for the exercise of a power of appointing trustees or retiring from a trust;

(c) matters consequent on the making of provision by [F4 the Court of Protection ] for the carrying out of any contract entered into by [F5 the person concerned ];

(d) property to some interest in which [F5 the person concerned ]is beneficially entitled but which, or some interest in which, is held by [F5 the person concerned ] under an express, implied or constructive trust.

The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection.

F6 (3)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 54 substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

F2 S. 54(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F3 Words in s. 54(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(b)(i) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F4 Words in s. 54(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(b)(ii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F5 Words in s. 54(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(b)(iii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F6 S. 54(3) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(c), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)