Page:Mental Capacity Act 2008.pdf/58

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MENTAL CAPACITY
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day and in force immediately before that day shall continue to have effect despite the repeal of Part I of that Act.

(2) In so far as any such order, appointment, direction, authority or thing could have been made, given or done under sections 19 to 25 if those sections had then been in force at the time it was made, given or done—

(a) it shall be treated as made, given or done under those sections; and
(b) the powers of variation and discharge conferred by section 20(7) shall apply accordingly.

(3) Sub-paragraph (1) has effect on every order, appointment, direction, authority or thing made, given or done by any committee of the person or estate of a mentally disordered person subject to paragraph 1 of this Schedule.

Pending proceedings

3.—(1) Any application for the exercise of a power under Part I of the Mental Disorders and Treatment Act (Cap. 178) which is pending immediately before the commencement day shall be treated, in so far as a corresponding power is exercisable under sections 20 to 25, as an application for the exercise of that power.

(2) For the purposes of sub-paragraph (1), an application for the appointment of a committee of the person or estate of a mentally disordered person shall be treated as an application for the appointment of the members of the committee as deputies to act jointly to make decisions on behalf of the mentally disordered person.

Court records

4. On or after the commencement day, the Public Guardian is, for the purpose of exercising any of his functions, to be given such access as he may require to such of the records of the court as relate to the appointment of committees of estate or person under the Mental Disorders and Treatment Act.

Accounts

5. Rules of Court may provide that, in a case where paragraph 1 applies, the members of the committee are to have a duty to render accounts—

(a) while they are members of the committee; and
(b) after they are discharged.

Interpretation of Schedule

6. In this Schedule, “commencement day” means the day on which Part V of this Act comes into force.