Textual Amendments
F1Words in Sch. 2 heading inserted (E.W.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 13(4)(b); S.I. 2005/3175, Sch. 1
6[F2(1)Where the surviving spouse or civil partner lacks capacity (within the meaning of the Mental Capacity Act 2005) to make a requirement or give a consent under this Schedule, the requirement or consent may be made or given by a deputy appointed by the Court of Protection with power in that respect or, if no deputy has that power, by that court.]U.K.
(2)A requirement or consent made or given under this Schedule by a surviving [F3husband or wife][F3spouse or civil partner] who is an infant shall be as valid and binding as it would be if he or she were of age; and, as respects an appropriation in pursuance of paragraph 1 of this Schedule, the provisions of section forty-one of the principal Act as to obtaining the consent of the infant’s parent or guardian, or of the court on behalf of the infant, shall not apply.
Textual Amendments
F2Sch. 2 para. 6(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 8 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F3Words in Sch. 2 substituted (E.W.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 13(2); S.I. 2005/3175, Sch. 1