Paragraph 40

(1)

The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as follows.

(2)

In section 16(5) (termination of licence), for “he becomes a patient within the meaning of Part VII of the Mental Health Act 1983” substitute “ he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence ”.

(3)

In section 48 (licence not to be transferable, etc.)—

(a)

in subsection (2)—

(i)

for “or become a patient within the meaning of Part VII of the Mental Health Act 1983” substitute “ , or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, ”, and

(ii)

in paragraph (a), for “became a patient” substitute “ became a person who lacked capacity in that respect ”, and

(b)

in subsection (5), for “a patient within the meaning of Part VII of the Mental Health Act 1983” substitute “ a person lacking capacity ”.