Citation and commencement

1.  This Order may be cited as the Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007, and comes into force on 1 October 2007.

Interpretation

2.  In this Order—

(a) “the Act” means the Mental Capacity Act 2005; and

(b) “Court of Protection” refers—

(i) the first time the expression appears in article 4, to the office of the Supreme Court called the Court of Protection mentioned in section 45(6) of the Act, and

(ii) where the expression appears in articles 3, 4(a) and (b), to the superior court of record established by section 45(1) of the Act.

Proceedings begun in the High Court before 1 October 2007

3.—(1) This article applies to any proceedings about P’s personal welfare begun in the High Court before 1 October 2007 in respect of which the Court of Protection would, but for this article, have jurisdiction on and after that date under section 16 of the Act.

(2) The proceedings may continue to be dealt with, until they are finally decided, in accordance with the arrangements existing immediately before 1 October 2007.

(3) For the purposes of paragraph (2), an application is finally decided when it is determined and there is no possibility of the determination being reversed or varied on an appeal.

(4) In dealing with proceedings under this article, the High Court retains all the powers and jurisdiction in relation to any matter that is the subject of the proceedings that it had immediately before the commencement of the Act.

(5) In this article—

(a) “P” means any person (other than a protected party) who lacks, or so far as consistent with the context is alleged to lack, capacity to make a decision or decisions in relation to any matter that is the subject of an application to the court and references to a person who lacks capacity are to be construed in accordance with the Act;

(b) “personal welfare” is to be construed in accordance with section 17 of the Act; and

(c) “protected party” means a party, or an intended party (other than P or a child), who lacks capacity to conduct the proceedings.

Senior Judge of the Court of Protection

4.  The person who, immediately before the commencement of Part 2 of the Act, holds the office of Master of the Court of Protection(2), shall be treated as—

(a) being a circuit judge nominated under section 46(1) of the Act to exercise the jurisdiction of the Court of Protection; and

(b) having been appointed the Senior Judge of the Court of Protection under section 46(4) of the Act.

Advance decisions to refuse life-sustaining treatment

5.—(1) An advance decision refusing life-sustaining treatment shall be treated as valid and applicable to a treatment and does not have to satisfy the requirements mentioned in paragraph (3) if the conditions in paragraph (2) are met.

(2) The conditions that must be met are that—

(a) a person providing health care for a person (“P”) reasonably believes that –

(i) P has made the advance decision refusing life-sustaining treatment before 1 October 2007, and

(ii) P has lacked the capacity to comply with the provisions mentioned in paragraph (3) since 1 October 2007;

(b) the advance decision is in writing;

(c) P has not—

(i) withdrawn the decision at a time when he had capacity to do so, or

(ii) done anything else clearly inconsistent with the advance decision remaining his fixed decision;

(d) P does not have the capacity to give or refuse consent to the treatment in question at the material time;

(e) the treatment in question is the treatment specified in the advance decision;

(f) any circumstances specified in the advance decision are present; and

(g) there are no reasonable grounds for believing that circumstances exist which P did not anticipate at the time of the advance decision and which would have affected his decision had he anticipated them.

(3) The requirements that do not have to be satisfied are as follows—

(a) the requirement for the decision to be verified by a statement by P to the effect that the advance decision is to apply to that treatment even if life is at risk (section 25(5)(a) of the Act); and

(b) the requirement for a signed and witnessed advance decision (section 25(6)(b) to (d) of the Act).

(4) In this article, “advance decision” has the meaning given in section 24(1) of the Act.

Minor and consequential amendments

6.  Schedule 1 contains minor and consequential amendments.

Article 6

SCHEDULE 1

MINOR AND CONSEQUENTIAL AMENDMENTS

Trustee Savings Bank Life Annuity Regulations 1930

1.  In regulation 16(2) of the Trustee Savings Bank Life Annuity Regulations 1930(3)—

(a) for the words “a person who is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1959, of managing and administering his property and affairs” substitute “a person who lacks mental capacity within the meaning of the Mental Capacity Act 2005 (c.9) to administer and manage his property and affairs”; and

(b) for the word “receiver” substitute “deputy”.

Savings Contract Regulations 1969

2.—(1) The Savings Contract Regulations 1969(4) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 7 (payment in case of mentally disordered persons)—

(a) in the title, for “mentally disordered persons” substitute “persons who lack capacity”; and

(b) in paragraphs (1) and (2) in each place—

(i) for “mentally disordered person” substitute “person who lacks capacity”, and

(ii) for “receiver” substitute “deputy”.

(4) In regulation 12 (persons under disability)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(5) In regulation 27 (application to Scotland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(6) In regulation 28(2) (application to Northern Ireland)—

(a) in sub-paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in sub-paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(7) In regulation 29(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(8) In regulation 30 (application to the Channel Islands)—

(a) in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

Pensions Increase (Judicial Pensions) Regulations 1972

3.  In paragraph 9 of the Schedule to the Pensions Increase (Judicial Pensions) Regulations 1972(5), omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

National Savings Bank Regulations 1972

4.—(1) The National Savings Bank Regulations 1972(6) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 7 (mentally disordered persons)—

(a) in the title, for “Mentally disordered persons” substitute “Persons who lack capacity”;

(b) in paragraph (1), for “mentally disordered person, by his receiver” substitute “person who lacks capacity, by his deputy”;

(c) in paragraphs (2), (3) and (4) in each place—

(i) for “mentally disordered person” substitute “person who lacks capacity”, and

(ii) for “receiver” substitute “deputy”;

(4) In regulation 8(4)(c) (joint accounts)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(5) In regulation 9(4) (trust accounts)—

(a) for both references to “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(6) In regulation 37(1)(b) (payment under nomination)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(7) In regulation 45 (persons under disability)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(8) In regulation 57(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(9) In regulation 58 (application to the Channel Islands)—

(a) in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

Premium Savings Bond Regulations 1972

5.—(1) The Premium Savings Bond Regulations 1972(7) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 4 (persons entitled to purchase and hold bonds)—

(a) in paragraph (3)(b), for “mentally disordered person, by his receiver” substitute “a person who lacks capacity, by his deputy”; and

(b) in paragraph (5)(b), for “mentally disordered person” substitute “person who lacks capacity”.

(4) In regulation 10 (payment in case of mentally disordered persons)—

(a) in the title, for “Mentally disordered persons” substitute “Persons who lack capacity”;

(b) in paragraph (1) –

(i) for “mentally disordered person” substitute “person who lacks capacity”, and

(ii) for “receiver” substitute “deputy”; and

(c) in paragraph (2), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy has been appointed in relation to his property and affairs”.

(5) In regulation 16 (persons under disability)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(6) In regulation 31 (application to Scotland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(7) In regulation 32(2) (application to Northern Ireland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(8) In regulation 33(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(9) In regulation 34 (application to the Channel Islands)—

(a) in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

National Savings Stock Register Regulations 1976

6.—(1) The National Savings Stock Register Regulations 1976(8) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 31 (persons under disability)—

(a) in paragraphs (1) and (2) in each place—

(i) for “mentally disordered person” substitute “person who lacks capacity”; and

(ii) for “receiver” substitute “deputy”; and

(b) in paragraphs (3) and (4), for “mentally disordered person” substitute “person who lacks capacity”.

(4) In regulation 59 (application to Scotland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(5) In regulation 60(2) (application to Northern Ireland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(6) In regulation 61(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(7) In regulation 62 (application to the Channel Islands)—

(a) in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

Motor Vehicles (Tests) Regulations 1981

7.  In regulation 9(1)(c) (cessations: general) of the Motor Vehicles (Tests) Regulations 1981(9), for the words from “patient” to “Mental Health Act 1983” substitute “person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the authorisation”.

The Mental Health Review Tribunal Rules 1983

8.  For rule 7(c) (notice to other persons interested) of the Mental Health Review Tribunal Rules 1983(10), substitute—

“(c) where there is an extant order of either—

(i) the office of the Supreme Court called the Court of Protection mentioned in section 45(6) of the Mental Capacity Act 2005 (c.9), or

(ii) the superior court of record established by section 45(1) of the Mental Capacity Act 2005,

to the court referred to in sub-paragraph (ii) of this rule;”

Savings Certificates (Yearly Plan) Regulations 1984

9.—(1) The Savings Certificates (Yearly Plan) Regulations 1984(11) are amended in accordance with this paragraph.

(2) In regulation 2 (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 4(2)(b) (persons entitled to enter into agreements and to hold certificates), for “mentally disordered person, by his receiver” substitute “person who lacks capacity, by his deputy”.

(4) In regulation 5(2) (maximum payments), for “mentally disordered person” substitute “person who lacks capacity”.

(5) In regulation 8 (repayment in case of persons under 7 years of age and mentally disordered persons)—

(a) in the title, for “mentally disordered persons” substitute “persons who lack capacity”;

(b) in paragraph (2), for “mentally disordered person shall be made, by his receiver” substitute “person who lacks capacity shall be made, by his deputy”; and

(c) in paragraph (3), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy”.

(6) In regulation 9(1)(a) (repayment in case of joint trustees)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(7) In regulation 10(1)(a) (repayment in case of certificate held by person jointly)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(8) In regulation 18 (persons under disability)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(9) In regulation 33 (application to Scotland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(10) In regulation 34(2) (application to Northern Ireland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(11) In regulation 35(2)(a) (application to the Isle of Man), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(12) In regulation 36 (application to the Channel Islands)—

(a) in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

Road Vehicles (Construction and Use) Regulations 1986

10.  In paragraph 5(1)(c) of Part 1 of Schedule 3B (authorised sealers) to the Road Vehicles (Construction and Use) Regulations 1986(12), for the words from “patient” to “Mental Health Act 1983”, substitute “person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the authorisation”.

Operation of Public Service Vehicles (Partnership) Regulations 1986

11.  On the entry as to section 57(2) of the Public Passenger Vehicles Act 1981(13), in column 2 of Part 1 of the Schedule to the Operation of Public Service Vehicles (Partnership) Regulations 1986(14), for the words from “patient” to “Mental Health Act 1983”, substitute “person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the licence”.

Insolvency Rules 1986

12.—(1) The Insolvency Rules 1986(15) are amended in accordance with this paragraph.

(2) In rule 4.214 (witness unfit for examination)—

(a) in paragraph (1)—

(i) omit the words “mental disorder or”, and

(ii) before “is suffering” insert “is a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) or”, and

(b) in paragraph (3)(a), for the words “patient within the meaning of the Mental Health Act 1983” substitute “person who lacks capacity within the meaning of the Mental Capacity Act 2005”.

(3) In rule 6.174 (bankrupt unfit for examination)—

(a) in paragraph (1) –

(i) omit the words “mental disorder or”, and

(ii) before “is suffering” insert “is a person who lacks capacity within the meaning of the Mental Capacity Act 2005 or”, and

(b) in paragraph (3)(a), for the words “patient within the meaning of the Mental Health Act 1983”, substitute “person who lacks capacity within the meaning of the Mental Capacity Act 2005”.

(4) In the heading to Part 7 of Chapter 7, for “Persons Incapable of Managing their Affairs”, substitute “Persons who Lack Capacity to Manage their Affairs”.

(5) In rule 7.43 (introductory)—

(a) in paragraph (1), for “is incapable of managing and administering his property and affairs”, substitute “lacks capacity within the meaning of the Mental Capacity Act 2005 to manage and administer his property and affairs”; and

(b) in paragraph (1)(a), for “mental disorder within the meaning of the Mental Health Act 1983”, substitute “lacking capacity within the meaning of the Mental Capacity Act 2005”.

(6) In paragraph 4.64 of Part 4 of Schedule 4, Forms Index (companies winding up)—

(a) after the words “person who”, insert “lacks capacity to manage and administer his property and affairs or”; and

(b) for the words “mental disorder or”, substitute “a”.

(7) In paragraph 6.57 of Part 6 of Schedule 4, Forms Index (bankruptcy)—

(a) after the words “bankrupt who”, insert “lacks capacity to manage and administer his property and affairs or”; and

(b) for the words “mental disorder or”, substitute “a”.

(8) For form 4.64 in Schedule 4 (forms), substitute the form in Schedule 2 (Part 1).

(9) For form 6.57 in Schedule 4 (forms), substitute the form in Schedule 2 (Part 2).

Non-contentious Probate Rules 1987

13.—(1) Rule 31 (grant to attorneys) and 35 (grants in case of mental incapacity) of the Non-contentious Probate Rules 1987(16) are amended in accordance with this paragraph.

(2) For rule 31(3) substitute—

“(3) Where the donor referred to in paragraph (1) above lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) and the attorney is acting under an enduring power of attorney or lasting power of attorney, the application shall be made in accordance with rule 35.”

(3) For rule 35, in the title, for the words “mental incapacity” substitute “lack of mental capacity”.

(4) In rule 35(1), for the words “incapable person” substitute “person who lacks capacity within the meaning of the Mental Capacity Act 2005”.

(5) In rule 35(2)—

(a) for the words “is by reason of mental incapacity incapable of managing”, substitute “lacks capacity within the meaning of the Mental Capacity Act 2005 to manage”;

(b) for each reference to an incapable person substitute a reference to a person who lacks capacity within the meaning of the Mental Capacity Act 2005; and

(c) at the end of sub-paragraph (b), insert “or lasting power of attorney”.

(6) In rule 35(4), for the words “incapable person”, substitute “person who lacks capacity within the meaning of the Mental Capacity Act 2005”.

Judicial Pension (Preservation of Benefits) Order 1988

14.  In Schedule 2 to the Judicial Pension (Preservation of Benefits) Order 1988(17), omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

Judicial Pensions (Requisite Benefits) Order 1988

15.  In Schedule 2 (office) to the Judicial Pensions (Requisite Benefits) Order 1988(18), omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

Church of England Pensions Regulations 1988

16.—(1) Regulation 30 (payment of pensions in respect of persons suffering from mental disorder) of the Church of England Pensions Regulations 1988(19) is amended in accordance with this paragraph.

(2) In paragraph (1)—

(a) for the words “is incapable by reason of mental disorder within the meaning of the Mental Health Act, 1983, of managing and administering”, substitute “lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to manage and administer”; and

(b) in sub-paragraph (a), for the words “suffering from mental disorder”, substitute “a person lacking capacity (within the meaning of the Mental Capacity Act 2005) to manage and administer his property and affairs”.

(3) In paragraph (2)—

(a) for the words “authority having jurisdiction under Part VII of the Mental Health Act, 1983”, substitute “Court of Protection”; and

(b) for each reference to “that authority” substitute a reference to “the Court of Protection”.

(4) In paragraph (3)—

(a) for the words “the authority having jurisdiction under Part VII of the Mental Health Act, 1983 give”, substitute “the Court of Protection gives”; and

(b) for the words “that authority”, substitute “the Court of Protection”.

Savings Certificates Regulations 1991

17.—(1) The Savings Certificates Regulations 1991(20) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 4(2)(c) (persons entitled to purchase and hold certificates), for “mentally disordered person, by his receiver” substitute “person who lacks capacity, by his deputy”.

(4) In regulation 9 (repayment in case of persons under 7 years of age and mentally disordered persons)—

(a) in the title, for “mentally disordered persons” substitute “persons who lack capacity”;

(b) in paragraph (2), for “mentally disordered person shall be made by his receiver” substitute “person who lacks capacity shall be made by his deputy”; and

(c) in paragraph (4), for the words from “mentally disordered person for” to “of the mentally disordered person” substitute “person who lacks capacity in respect of whom no deputy has been appointed, the Director of Savings may, if he thinks fit, pay the whole or any part of the amount repayable in respect of the certificate to any person who satisfies him that he will apply the payment for the maintenance or otherwise for the benefit of the person who lacks capacity”.

(5) In regulation 10(1)(a) (repayment in case of certificate held by persons jointly)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(6) In regulation 18 (persons under disability)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.

(7) In regulation 33 (application to Scotland)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(8) In regulation 34 (application to Northern Ireland)—

(a) in paragraph (b), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (c), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(9) In regulation 35(2) (application to the Isle of Man)—

(a) in paragraph (a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraph (b), for “receiver in relation to any act or thing done in respect of a mentally disordered person shall be construed as a reference to a receiver” substitute “deputy in relation to any decision made for a person who lacks capacity shall be construed as a reference to a deputy”.

(10) In regulation 36 (application to the Channel Islands)—

(a) in paragraphs (2)(a) and (3)(a), for “mentally disordered person” substitute “person who lacks capacity”; and

(b) in paragraphs (2)(b) and (3)(b), for “receiver in relation to a mentally disordered person” substitute “deputy in relation to a person who lacks capacity”.

(11) In paragraph 2 of Part 1 of Schedule 1 (persons entitled to hold index-linked certificates to be purchased before 7th September 1981), for “receiver on behalf of and in the name of a mentally disordered person” substitute “deputy on behalf of and in the name of a person who lacks capacity”.

Savings Certificates (Children’s Bonus Bonds) Regulations 1991

18.—(1) The Savings Certificates (Children’s Bonus Bonds) Regulations 1991(21) are amended in accordance with this paragraph.

(2) In regulation 2(1) (interpretation), omit the entries for “mentally disordered person” and “receiver” and, in the appropriate alphabetical position, insert—

(a) “ “deputy” in the application of these Regulations to England and Wales, means, in relation to any decision made for a person who lacks capacity, a deputy appointed by the Court of Protection for that person with power to make decisions in relation to the matters in question;”; and

(b) “ “person who lacks capacity” means a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9);”.

(3) In regulation 8(2) (repayment in case of persons under 16 years of age), for “mentally disordered person” substitute “person who lacks capacity”.

(4) In regulation 9 (repayment in case of mentally disordered persons)—

(a) in the title, for “mentally disordered persons” substitute “persons who lack capacity”;

(b) in paragraph (1), for “mentally disordered person shall be made by his receiver” substitute “person who lacks capacity shall be made by his deputy”; and

(c) in paragraph (2), for “mentally disordered person for whose estate no receiver” substitute “person who lacks capacity for whom no deputy”.

(5) In regulation 15 (persons under disability)—

(a) for “mentally disordered person” substitute “person who lacks capacity”; and

(b) for “receiver” substitute “deputy”.