Section 26: Payments in respect of mentally incapable persons.

Industrial and Provident Societies Act 1965 · 1965 c.12

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

REPEALED on 2014-08-01 by Community Benefit Societies Act 2014.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

26(1)

Subject to subsection (2) of this section, where in the case of a member of a registered society or a person claiming through such a member the society’s committee are satisfied after considering medical evidence that the member or person is incapable through disorder or disability of mind of managing his own affairs and are also satisfied that no person has been duly appointed to administer his property on his behalf, and it is proved to the satisfaction of the committee that it is just and expedient so to do, the society may pay the amount of any shares, loans, and deposits belonging to that member or person to any person whom they judge proper to receive it on his behalf, whose receipt shall be a good discharge to the society for any sum so paid.

26(2)

Subsection (1) does not apply where the member or person concerned lacks capacity (within the meaning of the Mental Capacity Act 2005) for the purposes of this Act and—

(a) there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for the member or person by the Court of Protection, and

(b) the donee or deputy has power in relation to the member or person for the purposes of this Act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.