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).