SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation
Mental Capacity Act 200532
1
Section 45 is amended in accordance with this paragraph.
2
In subsection (4) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice”.
3
In subsection (5) after “may” insert “, after consulting the Lord Chief Justice,”.
4
After subsection (5) insert—
5A
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).