SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation
Mental Capacity Act 200536
1
Section 59 is amended in accordance with this paragraph.
2
Omit subsection (4).
3
After subsection (5) insert—
5A
Where a person to be appointed as a member of the Board is a judge of the court, the appointment is to be made by the Lord Chief Justice after consulting the Lord Chancellor.
5B
In any other case, the appointment of a person as a member of the Board is to be made by the Lord Chancellor.
4
After subsection (9) insert—
10
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).