Mental Capacity Act 2008 · 2020 Revised Edition · Part 3A · Electronic Transaction System*
10D. Electronic transaction system malfunction, errors and omissions
Feedback & supportLast amended by an amending law of 2021.
Despite any other written law or rule of law, the Public Guardian may —
Public Guardian
“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);
correct any error or omission in any register kept by the Public Guardian under this Act;
correct any error or omission in any document filed or lodged with, or submitted to, the Public Guardian; and
supply entries or records omitted to be made in any register mentioned in paragraph (a),if the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system.
The Public Guardian must maintain a record of every correction made under subsection (1).
When any error or omission has been corrected under subsection (1), the error or omission is deemed not to have occurred.
The Public Guardian, an Assistant Public Guardian, an authorised officer or any person acting under the direction of the Public Guardian or an Assistant Public Guardian is not liable for any loss or damage suffered by any person by reason of any error or omission, if —
the error or omission had occurred or arisen as a result of any malfunction of the electronic transaction system; and
the malfunction of the electronic transaction system had occurred despite the Public Guardian having acted in good faith and with reasonable care to prevent such a malfunction from occurring.