Page:Mental Health (Care and Treatment) Act 2008.pdf/29

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MENTAL HEALTH (CARE AND TREATMENT)
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(v) Delete paragraph (b) of subsection (8) and substitute the following paragraph:
“(b) is mentally disordered and incapable of managing himself or his affairs;”.
(b) Section 16(1) Delete the words “or a committee of his person or of his estate appointed under the Mental Disorders and Treatment Act (Cap. 178)” and substitute the words “a deputy appointed or deemed to be appointed for the member by the High Court under the Mental Capacity Act 2008 with power in relation to the member for the purposes of this Act, or a donee under a lasting power of authority registered under the Mental Capacity Act 2008 with power in relation to the member for the purposes of this Act”.
(9) Charities Act
(Chapter 37, 2007 Ed.)
Section 25(4) Delete paragraph (d) and substitute the following paragraph:
“(d) lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as trustee;”.
(10) Children Development
Co-Savings Act
(Chapter 38A, 2002 Ed.)
Section 4(1) Delete paragraph (f) and substitute the following paragraph:
“(f) where the trustee is no longer able to act as trustee by reason that he lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as trustee and the member has no other legal guardian, be substituted with—