SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS
Savings Certificates (Yearly Plan) Regulations 19849
1
The Savings Certificates (Yearly Plan) Regulations 198411 are amended in accordance with this paragraph.
2
In regulation 2 (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—
a
“ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and
b
“ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.
3
In regulation 4(2)(b) (persons entitled to enter into agreements and to hold certificates), for “mentally disordered person, by his receiver” substitute “person who lacks capacity, by his deputy”.
4
In regulation 5(2) (maximum payments), for “mentally disordered person” substitute “person who lacks capacity”.
5
In regulation 8 (repayment in case of persons under 7 years of age and mentally disordered persons)—
a
in the title, for “mentally disordered persons” substitute “persons who lack capacity”;
b
in paragraph (2), for “mentally disordered person shall be made, by his receiver” substitute “person who lacks capacity shall be made, by his deputy”; and
c
in paragraph (3), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy”.
6
In regulation 9(1)(a) (repayment in case of joint trustees)—
a
for “mentally disordered person” substitute “person who lacks capacity”; and
b
for “receiver” substitute “deputy”.
7
In regulation 10(1)(a) (repayment in case of certificate held by person jointly)—
a
for “mentally disordered person” substitute “person who lacks capacity”; and
b
for “receiver” substitute “deputy”.
8
In regulation 18 (persons under disability)—
a
for “mentally disordered person” substitute “person who lacks capacity”; and
b
for “receiver” substitute “deputy”.
9
In regulation 33 (application to Scotland)—
a
in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and
b
in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.
10
In regulation 34(2) (application to Northern Ireland)—
a
in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and
b
in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.
11
In regulation 35(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.
12
In regulation 36 (application to the Channel Islands)—
a
in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and
b
in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.