HL Deb 17 May 2004 vol 661 c295GC

65 (1) This paragraph applies if—

  1. (a) the court makes an order under this Schedule requiring—
    1. (i) payments (including a lump sum payment) to be made, or
    2. (ii) property to be transferred, to a civil partner, and
  2. (b) the court is satisfied that the person in whose favour the order is made is incapable, because of mental disorder, of managing and administering his or her property and affairs.

(2) "Mental disorder" has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

(3) Subject to any order, direction or authority made or given in relation to that person under Part 8 of the 1986 Order, the court may order the payments to be made, or as the case may be, the property to be transferred, to such persons having charge of that person as the court may direct.