Law of Property Act 1925

[F1 22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them [F2 in trust]. E+W

(1) Where a legal estate in land (whether settled or not) is vested [F3 , either solely or jointly with any other person or persons, in a person lacking capacity (within the meaning of the Mental Capacity Act 2005) to convey or create a legal estate, a deputy appointed for him by the Court of Protection or (if no deputy is appointed] for him) any person authorised in that behalf shall, under an order of [F4 the Court of Protection] , or of the court, or under any statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.

(2) If land [F2 subject to a trust of land] is vested, either solely or jointly with any other person or persons, in a person who [F5 lacks capacity (within the meaning of that Act) to exercise] his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with [F2 by the trustees].

[F6 (3) Subsection (2) of this section does not prevent a legal estate being dealt with without the appointment of a new trustee, or the discharge of the incapable trustee, at a time when the donee of [F7 an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act) is entitled to act for the trustee who lacks capacity inrelation to the dealing.]]]

Textual Amendments

F1 S. 22 substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

F2 Words in s. 22(2) and sidenote substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 4(6) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F3 Words in s. 22(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(a)(i) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F4 Words in s. 22(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(a)(ii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F5 Words in s. 22(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(b) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F6 S. 22(3) inserted (1.3.2000) by 1999 c. 15, s. 9(1)(2); S.I. 2000/216, art. 2

F7 Words in s. 22(3) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(c) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)