# Mental Capacity Act 2005, 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 ”.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/6/paragraph/40 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-6/paragraph-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.