SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation

Mental Capacity Act 200531

1

Section 21 is amended in accordance with this paragraph.

2

That section becomes subsection (1) of section 21.

3

In that subsection for “Lord Chancellor” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the President of the Court of Protection;

b

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).