Section 60 Part 2 not applicable where other authority for act

I1(1)

Section 9 does not apply in relation to an act—

(a)

which gives effect to a relevant decision; or

(b)

which a person has a power (or duty) to do under any other statutory provision (including any provision of this Act).

(2)

In this section a “relevant decision” means a decision concerning the care, treatment or personal welfare of a person (“P”) which—

(a)

is made by the court on P's behalf under section 113(2)(a);

(b)

is made in accordance with this Act by an attorney under a lasting power of attorney granted by P and is within the scope of the attorney's authority;

(c)

is made in accordance with this Act by a deputy appointed for P by the court and is within the scope of the deputy's authority; or

(d)

where P is under 18, is a decision made by a parent or guardian of P which is effective under any rule of law.

Annotations

Commencement

I1: S. 60(1)(2)(d) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)