Schedule 3

This paragraph applies where, immediately before 1 March 2010, 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, 1985 Revised Edition).(2) On and after 1 March 2010 —

the members of the committee are, despite section 24(1), 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 date; and

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 affecting section 20(8), revoke the member’s 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), the member must apply to the court.(5) If, on the application, the court is satisfied that P has capacity in relation to the relevant matter —

it is to revoke the member’s appointment as P’s deputy in relation to that matter; and

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 1 March 2010, the committee was authorised to act on behalf of P.Orders, appointments, etc.2.—

Any order or appointment made, direction or authority given or other thing done under Part I of the Mental Disorders and Treatment Act (Cap. 178, 1985 Revised Edition) before 1 March 2010 and in force immediately before that date continues to have effect despite the repeal of Part I of that Act.(2) Insofar 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 —

it is treated as made, given or done under those sections; and

the powers of variation and discharge conferred by section 20(7) 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 proceedings3.—

Any application for the exercise of a power under Part I of the Mental Disorders and Treatment Act (Cap. 178, 1985 Revised Edition) which is pending immediately before 1 March 2010 is treated, insofar 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 is 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

while they are members of the committee; and

after they are discharged.[27/2014]