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Version status: In force | Document consolidation status: No known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

46. Insertion of new section 55A into Principal Act

The Principal Act is amended by the insertion of the following section after section 55:

"55A. Review of declaration by wardship court as respects capacity

(1) Where the wardship court makes a declaration under section 55(1)(b), the wardship court shall make an order that the capacity of the person the subject of the declaration be reviewed by the court -

(a) subject to paragraph (b), not later than 12 months from the date on which the wardship court made the declaration, or

(b) not later than 3 years from the date on which the wardship court made the declaration if the wardship court is satisfied that the person is unlikely to recover his or her capacity,

and section 49(4) shall apply in respect of the review as it applies to the review of a declaration by a court under section 37(1), with the following modifications:

(i) a reference in section 49(4) to the declaration made by the court under section 37(1) shall be read as a reference to the declaration made by the wardship court under section 55(1)(b);

(ii) a reference in section 49 to the relevant person shall be read as a reference to the person the subject of the declaration of the wardship court under section 55(1)(b).

(2) After the review referred to in subsection (1) has taken place, section 49 shall thereafter apply to the declaration by the wardship court under section 55(1)(b) as it applies to a declaration by a court under section 37(1), with the following modifications: