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Introductory text

Original text. Later amendments are not shown.

COUNTY COURT, ENGLAND AND WALES

MENTAL CAPACITY, ENGLAND AND WALES

SENIOR COURTS OF ENGLAND AND WALES

Made at 12.45 p.m. on 27th October 2025

Laid before Parliament 27th October 2025

Coming into force in accordance with article 2

The Lord Chancellor makes this Order in exercise of the powers conferred by—

  1. (a)

    section 415 of the Insolvency Act 1986f1,

  2. (b)

    section 92 of the Courts Act 2003f2,

  3. (c)

    section 58(3) and (4) of the Mental Capacity Act 2005f3, and

  4. (d)

    section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014f4.

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003 and section 180(3) of the Anti-social Behaviour, Crime and Policing Act 2014.

The Lord Chancellor has obtained the sanction of the Treasury in accordance with section 415(1) of the Insolvency Act 1986.

The Lord Chancellor has obtained the consent of the Treasury in accordance with section 92(1) of the Courts Act 2003 and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

The Lord Chancellor has consulted the Lady Chief Justice, the Master of the Rolls, the President of the King's Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council in accordance with section 92(5) and (6) of the Courts Act 2003.

Annotations

Footnotes

f1

1986 c. 45, amended by the Corporate Insolvency and Governance Act 2020 (c. 12). There are other amendments but none is relevant.

f2

2003 c. 39, amended by the Constitutional Reform Act 2005 (c. 4). There are other amendments but none is relevant.

f3

2005 c. 9.

f4

2014 c. 12.