Paragraph 18 Savings Certificates (Children’s Bonus Bonds) Regulations 1991

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)

The Savings Certificates (Children’s Bonus Bonds) Regulations 1991^f1 are amended in accordance with this paragraph.

(2)

In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a)

“ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b)

“ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3)

In regulation 8(2) (repayment in case of persons under 16 years of age), for “mentally disordered person” substitute “person who lacks capacity”.

(4)

In regulation 9 (repayment in case of mentally disordered persons)—

(a)

in the title, for “mentally disordered persons” substitute “persons who lack capacity”;

(b)

in paragraph (1), for “mentally disordered person shall be made by his receiver” substitute “person who lacks capacity shall be made by his deputy”; and

(c)

in paragraph (2), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy”.

(5)

In regulation 15 (persons under disability)—

(a)

for “mentally disordered person” substitute “person who lacks capacity”; and

(b)

for “receiver” substitute “deputy”.

(6)

In regulation 29 (application to Scotland)—

(a)

in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b)

in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(7)

In regulation 30 (application to Northern Ireland)—

(a)

in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b)

in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(8)

In regulation 31(2) (application to the Isle of Man)—

(a)

in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b)

in paragraph (b), for “receiver in relation to any act or thing done in respect of a mentally disordered person shall be construed as a reference to a receiver” substitute “deputy in relation to any decision made for a person who lacks capacity shall be construed as a reference to a deputy”.

(9)

In regulation 32 (application to the Channel Islands)—

(a)

in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b)

in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

Annotations

Footnotes

f1: S.I. 1991/1407, amended by S.I. 2005/2078 and S.I. 2005/445; there are other amending instruments but none are relevant.