The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 No. 1016

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

Mental Capacity Act 2005

36.—(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).”.