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Regulation 2 Circumstances in which mental incapacity justification does not apply

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The conditions specified in sections 24(3)(b) and 24K(2)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—

(a)

a power of attorney;

(b)

functions conferred by or under Part 7 of the Mental Health Act 1983f1; or

(c)

powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.

Annotations

Footnotes

f1

1983 c. 20. Part 7 is repealed by section 66 of the Mental Capacity Act 2005 (c. 9) which is not yet in force.