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).