SCHEDULE 1 Persons without Power to sell their Interests
Preliminary
1
(1)
The provisions of this Schedule have effect subject to section 42(7) of the M1Law of Property Act 1925 (which provides that if on a compulsory purchase title could have been made without payment into court, title shall be made in that way unless the purchaser otherwise elects).
(2)
The provisions of this Schedule—
(a)
have effect as if references to disabilities did not include references to disabilities of infants, married women or lunatics or defectives, and
F1(b)
do not have effect in relation to a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) for the purposes of this Act if—
(i)
there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for the person by the Court of Protection, and
(ii)
the donee or deputy has power in relation to the person for the purposes of this Act.