Part 1 Repeal of Part 7 of the Mental Health Act 1983
Mental Capacity Act 2005 (2005 c 9) | Legislation

SCHEDULE 5 Transitional Provisions and Savings

Section 66(4)

Part 1 Repeal of Part 7 of the Mental Health Act 1983

Existing receivers

1

(1)     This paragraph applies where, immediately before the commencement day, there is a receiver (“Râ€) for a person (“Pâ€) appointed under section 99 of the Mental Health Act.

(2)     On and after that day—

(a)     this Act applies as if R were a deputy appointed for P by the court, but with the functions that R had as receiver immediately before that day, and

(b)     a reference in any other enactment to a deputy appointed by the court includes a person appointed as a deputy as a result of paragraph (a).

(3)     On any application to it by R, the court may end R's appointment as P's deputy.

(4)     Where, as a result of section 20(1), R may not make a decision on behalf of P in relation to a relevant matter, R must apply to the court.

(5)     If, on the application, the court is satisfied that P is capable of managing his property and affairs in relation to the relevant matter—

(a)     it must make an order ending R's appointment as P's

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