Paragraph 16 Church of England Pensions Regulations 1988

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

Sch. 1 para. 28-30 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
Sch. 1 para. 16 revoked by Church of England Pensions Measure 2018 Sch. 5
Sch. 1 para. 36 revoked by Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) 2010 Sch. 2
sch 1 rev in pt by Allocation and Transfer of Proceedings 2008 art 27, sch 2

(1)

Regulation 30 (payment of pensions in respect of persons suffering from mental disorder) of the Church of England Pensions Regulations 1988^f1 is amended in accordance with this paragraph.

(2)

In paragraph (1)—

(a)

for the words “is incapable by reason of mental disorder within the meaning of the Mental Health Act, 1983, of managing and administering”, substitute “lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to manage and administer”; and

(b)

in sub-paragraph (a), for the words “suffering from mental disorder”, substitute “a person lacking capacity (within the meaning of the Mental Capacity Act 2005) to manage and administer his property and affairs”.

(3)

In paragraph (2)—

(a)

for the words “authority having jurisdiction under Part VII of the Mental Health Act, 1983”, substitute “Court of Protection”; and

(b)

for each reference to “that authority” substitute a reference to “the Court of Protection”.

(4)

In paragraph (3)—

(a)

for the words “the authority having jurisdiction under Part VII of the Mental Health Act, 1983 give”, substitute “the Court of Protection gives”; and

(b)

for the words “that authority”, substitute “the Court of Protection”.

Annotations

Footnotes

f1: S.I. 1988/2256, amended by Pensions Measure 1997 (No. 1); there are other amending instruments but none are relevant.