Section 21: Transfer of proceedings relating to people under 18

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

The Lord Chief Justice, with the concurrence of the Lord Chancellor, may by order make provision as to the transfer of proceedings relating to a person under 18, in such circumstances as are specified in the order—

from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or
from a court having jurisdiction under that Act to the Court of Protection.

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

the President of the Court of Protection;
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

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