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Paragraph 4 F1

England and Wales

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

(1)

This paragraph applies where a Chapter I or Chapter II landlord lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as a landlord.

(2)

For the purposes of the Chapter concerned, the landlord's place is to be taken—

(a)

by a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for him by the Court of Protection, with power to exercise those functions, or

(b)

if no deputy or donee has that power, by a person authorised in that respect by that court.

Annotations

Textual amendments

F1

Sch. 2 para. 4 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 39(1) (with ss. 27-29, 62, Sch. 6 para. 39(2)); S.I. 2007/1897, art. 2(1)(d)

Notes on Schedule 2

Commencement

I1

Sch. 2 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5