Section 54 Jurisdiction in regard to mental patients.

England and Wales

(1)

F1F2Subject to subsection (2), the Court of Protection may not make an order, or give a direction or authority, in relation to a person who lacks capacity to exercise his functions as trustee, if the High Court may make an order to that effect under this Act.

(2)

F3Where a person lacks capacity to exercise his functions as a trustee and a deputy is appointed for him by the Court of Protection or an application for the appointment of a deputy has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, F4the Court of Protection shall have concurrent jurisdiction with the High Court in relation to—

(a)

mortgaged property of which F5the person concerned has become a trustee merely by reason of the mortgage having been paid off;

(b)

matters consequent on the making of provision by the Court of Protection for the exercise of a power of appointing trustees or retiring from a trust;

(c)

matters consequent on the making of provision by the Court of Protection for the carrying out of any contract entered into by the person concerned ;

(d)

property to some interest in which the person concerned is beneficially entitled but which, or some interest in which, is held by the person concerned under an express, implied or constructive trust.

The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 54 substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I
F2: S. 54(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F3: Words in s. 54(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(b)(i) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F4: Words in s. 54(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(b)(ii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F5: Words in s. 54(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(b)(iii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F6: S. 54(3) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 3(4)(c), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)