Clause 51

by deleting sub-paragraph (iii) of section 9(1A)(a) and substituting the following sub-paragraph:“(iii)where the employee has become a person who lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A) —

a donee of a lasting power of attorney which is granted by the employee under the Mental Capacity Act, and under which the employee confers on the donee authority to receive such payment; or

a deputy who is appointed or deemed to be appointed for the employee by the court under the Mental Capacity Act, and who is conferred power to receive such payment; and”;

by deleting the words “becomes mentally incapacitated” in section 9(4A) and substituting the words “becomes a person who lacks capacity within the meaning of the Mental Capacity Act”;

by deleting the word “or” at the end of section 9(4A)(a);

by deleting paragraph (b) of section 9(4A) and substituting the following paragraphs:“(b)a donee of a lasting power of attorney which is granted by the employee under the Mental Capacity Act, and under which the employee confers on the donee authority to receive such payment; or

a deputy who is appointed or deemed to be appointed for the employee by the court under the Mental Capacity Act, and who is conferred power to receive such payment.”;

by deleting the words “mentally incapacitated” in section 12A(1) and substituting the words “lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A)”;

by deleting the words “mentally incapacitated” in section 12A(2), (4), (5) and (6) and substituting in each case the words “lacks capacity within the meaning of the Mental Capacity Act”;

by deleting subsection (2) of section 22 and substituting the following subsection:“(2) Where it appears to the Commissioner that compensation or interest is payable to an employee under this Act and the employee lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A) before such payment is made, it is lawful for the Commissioner to receive and pay the compensation or interest to any one or more of the dependants of the employee for the benefit of the employee, even if —

there is no donee of a lasting power of attorney which is granted by the employee under the Mental Capacity Act, and under which the employee confers on the donee authority to receive the compensation or interest; and

there is no deputy who is appointed or deemed to be appointed for the employee by the court under the Mental Capacity Act, and who is conferred power to receive the compensation or interest.”;

by deleting the words “to dead or mentally incapacitated employee from employer” in the section heading of section 22 and substituting the words “from employer to employee who is dead or lacks mental capacity”;

by deleting paragraph (ba) of section 27(1) and substituting the following paragraph:“(ba)where the person lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A) — with the leave of the Commissioner, by —

any dependant of the person;

any donee of a lasting power of attorney which is granted by the person under the Mental Capacity Act, and under which the person confers on the donee authority to manage the person’s property; or

any deputy who is appointed or deemed to be appointed for the person by the court under the Mental Capacity Act, and who is conferred power to manage the person’s property;”;

by deleting paragraph (c) of section 28A(2) and substituting the following paragraph:“(c)where the employee lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A), to such of the following persons as the Commissioner deems fit:

any one or more of the employee’s dependants for the benefit of the employee;

any donee of a lasting power of attorney which is granted by the employee under the Mental Capacity Act, and under which the employee confers on the donee authority to manage the employee’s property;

any deputy who is appointed or deemed to be appointed for the employee by the court under the Mental Capacity Act, and who is conferred power to manage the employee’s property.”; and

by deleting the words “are mentally incapacitated” in section 45(2)(h) and substituting the words “lack capacity within the meaning of the Mental Capacity Act (Cap. 177A),”.