Mental Capacity Act 2005
2005 CHAPTER 9
Commentary on Sections
Part 2: the Court of Protection and the Public Guardian
The Court of Protection
Section 46: The judges of the Court of Protection
131.The Lord Chancellor or an appropriate person acting on his behalf will nominate judges to exercise the jurisdiction of the Court of Protection. Subsection (2) sets out which judges may be nominated. Subsection (3) gives the Lord Chancellor the power to appoint one of the senior nominated judges to be designated President of the Court of Protection and another to be Vice-President of the Court of Protection. Subsection (4) gives the Lord Chancellor the power to appoint a judge to be Senior Judge of the Court of Protection, with various administrative functions.
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