Circumstances in which mental incapacity justification does not apply
This section has no associated Explanatory Memorandum
2. The conditions specified in sections 24(3)(b) and 24K(2)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—
(a)a power of attorney;
(b)functions conferred by or under Part 7 of the Mental Health Act 1983(1); or
(c)powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.
(1)
1983 c. 20. Part 7 is repealed by section 66 of the Mental Capacity Act 2005 (c. 9) which is not yet in force.