# Mental Capacity Act 2005, Paragraph 34


(1) The Patronage (Benefices) Measure 1986 (No. 3) is amended as follows.
(2) In section 5 (rights of patronage exercisable otherwise than by registered patron), after subsection (3) insert—
“(3A) The reference in subsection (3) to a power of attorney does not include an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005).”
(3) In section 9 (information to be sent to designated officer when benefice becomes vacant), after subsection (5) insert—
“(5A) Subsections (5B) and (5C) apply where the functions of a registered patron are, as a result of paragraph 10 of Schedule 2 to the Mental Capacity Act 2005 (patron's loss of capacity to discharge functions), to be discharged by an individual appointed by the Court of Protection.
(5B) If the individual is a clerk in Holy Orders, subsection (5) applies to him as it applies to the registered patron.
(5C) If the individual is not a clerk in Holy Orders, subsection (1) (other than paragraph (b)) applies to him as it applies to the registered patron.”

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/6/paragraph/34 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-6/paragraph-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.