Regulation 3 Circumstances in which mental incapacity justification does not apply

The conditions specified in section 21G(3)(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; or

(b)

functions conferred by or under Part 7 of the Mental Health Act 1983^f1; 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 Part 7 is repealed by section 66 and Schedule 7 of the Mental Capacity Act 2005 (c.9) which are not yet in force.