Page:Mental Capacity Act 2008.pdf/57

58 FOURTH SCHEDULE Sections 45 and 48 SAVINGS AND TRANSITIONAL PROVISIONS Savings and transitional provisions

1.—(1) This paragraph applies where, immediately before the commencement day, there is a committee of the person or a committee of the estate (individually referred to as the “committee”) of a person (referred to as “P”) appointed under section 9 of the Mental Disorders and Treatment Act (Cap. 178).

(2) On and after the commencement day—
 * (a) the members of the committee shall, notwithstanding section 24(1), be deemed to be deputies appointed by the court to act jointly to make decisions on P’s behalf, but with the powers and functions that the committee had immediately before that day; and
 * (b) a reference in any written law to a deputy appointed by the court includes members of the committee which by virtue of sub-paragraph (a) are deemed to be deputies appointed under this Act.

(3) On an application to the court by any member of the committee, the court may, without prejudice to section 20(8), revoke his appointment as P’s deputy.

(4) Where a member of the committee may not make a decision on behalf of P in relation to a relevant matter by virtue of section 25(1), he shall apply to the court.

(5) If, on the application, the court is satisfied that P has capacity in relation to the relevant matter—
 * (a) it shall revoke the member’s appointment as P’s deputy in relation to that matter; and
 * (b) it may, in relation to any other matter, exercise in relation to P any of the powers which it has under sections 19 to 24.

(6) If the court is not so satisfied, it may exercise in relation to P any of the powers which it has under sections 19 to 24.

(7) The appointment of a member of the committee as P’s deputy ceases to have effect if P dies.

(8) “Relevant matter” means a matter in relation to which, immediately before the commencement day, the committee was authorised to act on behalf of P.

Orders, appointments, etc.

2.—(1) Any order or appointment made, direction or authority given or other thing done under Part I of the Mental Disorders and Treatment Act before the commencement