Explanatory Notes

Mental Capacity Act 2005

2005 CHAPTER 9

7 April 2005

Commentary on Sections

Part 3: Miscellaneous and General

General

Section 66: Existing receivers and enduring powers of attorney etc.

156.This repeals Part 7 of the Mental Health Act 1983 (management of property and affairs of patients) and the whole of the Enduring Powers of Attorney Act 1985, but introduces transitional provisions.

Section 67: Minor consequential amendments and repeals

157.This section enables the Lord Chancellor to make secondary legislation (orders) to give effect to the Act. Any such order which amends or repeals primary legislation (an Act of Parliament or General Synod Measure) will be subject to the affirmative resolution procedure in Parliament.