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

Mental Capacity Act 200537

1

Section 65 is amended in accordance with this paragraph.

2

In subsection (1), after “this Act” insert “, other than the power in section 21”.

3

After subsection (4) insert—

5

An order under section 21—

a

may include supplementary, incidental, consequential, transitional or saving provision;

b

may make different provision for different cases;

c

is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and

d

is subject to annulment in pursuance of a resolution of either House of Parliament.