Paragraph 9 Savings Certificates (Yearly Plan) Regulations 1984

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 (Yearly Plan) Regulations 1984^f1 are amended in accordance with this paragraph.

(2)

In regulation 2 (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 4(2)(b) (persons entitled to enter into agreements and to hold certificates), for “mentally disordered person, by his receiver” substitute “person who lacks capacity, by his deputy”.

(4)

In regulation 5(2) (maximum payments), for “mentally disordered person” substitute “person who lacks capacity”.

(5)

In regulation 8 (repayment in case of persons under 7 years of age and mentally disordered persons)—

(a)

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

(b)

in paragraph (2), 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 (3), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy”.

(6)

In regulation 9(1)(a) (repayment in case of joint trustees)—

(a)

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

(b)

for “receiver” substitute “deputy”.

(7)

In regulation 10(1)(a) (repayment in case of certificate held by person jointly)—

(a)

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

(b)

for “receiver” substitute “deputy”.

(8)

In regulation 18 (persons under disability)—

(a)

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

(b)

for “receiver” substitute “deputy”.

(9)

In regulation 33 (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”.

(10)

In regulation 34(2) (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”.

(11)

In regulation 35(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(12)

In regulation 36 (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. 1984/779, to which there are amendments not relevant to this Order.