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Mental Capacity Act 2005

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Changes over time for: Cross Heading: Existing charges

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Changes to legislation:

Mental Capacity Act 2005, Cross Heading: Existing charges is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Existing chargesE+W

7E+WThis Act does not affect the operation in relation to a charge created before the commencement day of—

(a)so much of section 101(6) of the Mental Health Act as precludes a charge created under section 101(5) from conferring a right of sale or foreclosure during the lifetime of the patient, or

(b)section 106(6) of the Mental Health Act (charge created by virtue of section 106(5) not to cause interest to fail etc.).

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