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

Mental Capacity Act 200535

For section 52 substitute—

52Practice directions

1

Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

2

Practice directions given otherwise than under subsection (1) may not be given without the approval of—

a

the Lord Chancellor, and

b

the Lord Chief Justice.

3

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).