Mental Capacity Act 2008 · 2020 Revised Edition · Part 9 · Miscellaneous
46. Regulations
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
The Minister may make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act.
The regulations made under subsection (1) may, in particular —
prescribe different classes of professional donees, and provide for matters relating to professional donees; (b)provide for matters relating to professional deputies, including but not limited to their duties, the registration of professional deputies by the Public Guardian, applications for registration, exemptions from one or more criteria for registration and cancellation of registration;
prescribe the form and manner in which any prescribed notice is required to be given by any person to the Public Guardian, or to be given by a donor to a donee or vice versa; (d)prescribe the persons who may be given access by the Public Guardian to view a lasting power of attorney on the electronic transaction system or obtain any information on any particular lasting power of attorney, and the requirements that must be satisfied before the Public Guardian may give such access or information, as the case may be; and
contain such supplementary and incidental provisions as appear to the Minister to be appropriate for carrying out the purposes of Part 3A*.
For the purposes of subsection (2)(c), a different form and manner may be prescribed for any notice to be given to the Public Guardian or donor or donee under different circumstances.
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);