Page:Mental Capacity Act 2008.pdf/54

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MENTAL CAPACITY

55

(3) An order under sub-paragraph (2) may provide for excluding or restricting the operation of paragraph 8(1), (2) and (3).

(4) A charge under sub-paragraph (2) may be made in favour of such person as may be just and, in particular, where the money charged is paid out of P’s general estate, may be made in favour of a person as trustee for P.

(5) No charge under sub-paragraph (2) may confer any right of sale or foreclosure during P’s lifetime.

THIRD SCHEDULE

Section 47

CONSEQUENTIAL AND RELATED AMENDMENTS TO OTHER WRITTEN LAWS

	First column	Second column
(1)	Bankruptcy Act (Chapter 20, 2000 Ed.)
	Section 80	Insert, immediately after subsection (6), the following subsection: “(7) In this section, “general powers of attorney” include lasting powers of attorney registered under the Mental Capacity Act 2008.”.
(2)	Companies Act (Chapter 50, 2006 Ed.)
	Section 278	Insert, immediately after subsection (9), the following subsection: “(10) In this section, “general power of attorney” includes a lasting power of attorney registered under the Mental Capacity Act 2008.”.