Section 94 Exercise of the judge’s functions: “the patient”.

United Kingdom

(1)

F1Subject to sub-section (1A) below the functions expressed to be conferred by this Part of this Act on the judge shall be exercisable F2. . . by any nominated judge, and shall also be exercisable by the Master of the Court of Protection F3,by the Public Trustee or by any nominated officer, but—

(a)

in the case of the Master F4the Public Trustee or any nominated officer, subject to any express provision to the contrary in this Part of this Act or any rules made under this Part of this Act,

F5(aa)

in the case of the Public Trustee, subject to any directions of the Master and so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master,

(b)

in the case of any nominated officer, subject to any directions of the Master and so far only as may be provided by the instrument by which he is nominated;

and references in this Part of this Act to the judge shall be construed accordingly.

F6(1A)

In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions of the judge under this Part of this Act shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise)

(2)

The functions of the judge under this Part of this Act shall be exercisable where, after considering medical evidence, he is satisfied that a person is incapable, by reason of mental disorder, of managing and administering his property and affairs; and a person as to whom the judge is so satisfied is referred to in this Part of this Act as a patient.

Annotations

Textual amendments

F1: Words inserted (E.W.) at the beginning of s. 94(1) by Public Trustee and Administration of Funds Act 1986 (c. 57, SIF 57), s.2(2)(a)
F2: Words in s. 94(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 152, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(q), 30(b)
F3: Words inserted (E.W.) by Public Trustee and Administration of Funds Act 1986 (c. 57, SIF 57), s.2(2)(a)
F4: Words inserted (E.W.) by Public Trustee and Administration of Funds Act 1986 (c. 57, SIF 57), s.2(2)(b)
F5: S. 94(1)(aa) inserted (E.W.) by Public Trustee and Administration of Funds Act 1986 (c. 57, SIF 57), s.2(2)(b)
F6: S. 94(1A) inserted (E.W.) by Public Trustee and Administration of Funds Act 1986 (c. 57, SIF 57), s. 2(2)(c)

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Part VII

Textual amendments

F1: Pt. 7 (ss. 93-113) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 66(1)(a), 67(2), Sch. 7 (with ss. 27, 28, 29, 62, Sch. 5 Pt. 1); S.I. 2007/1897, art. 2