Regulation 17 Payments in respect of members with mental incapacity

In regulation R1 of the Contributory Fund Regulations (application of pensions) omit paragraph (2) (which provides that section 142 of the Mental Health Act 1983^f1 has effect in relation to pensions under the Contributory Fund Regulations and certain other regulations as if they were payable directly out of moneys provided by Parliament).

Paragraph (1) does not affect the powers of the Trustees of the Parliamentary Contributory Pension Fund under paragraph 29(5) and (6) of Schedule 6 to the Mental Capacity Act 2005^f2 (by virtue of which an authority which made certain kinds of payments under section 142 of the Mental Health Act 1983 in respect of a patient before that section ceased to have effect in England and Wales may continue to do so despite that section ceasing to have effect).