Mental Health (Scotland) Act 1984 (c. 36)

Part IX S+N.I. Protection of Property of Patients

92 Duties of local authority in relation to property. S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In relation to persons suffering from mental disorder, section 48 of the M1 National Assistance Act 1948 (which imposes a duty on certain local authorities to provide protection for property of persons admitted to hospitals, etc.) shall have effect as if—

(a) in subsection (1) the reference to a person admitted as a patient to hospital included a reference to a person admitted to a private hospital within the meaning of this Act F2 . . .; and

(b) references to moveable property in subsections (1) and (2) included a reference to heritable property.

Textual Amendments

F1 S. 92(1) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F2 Words in s. 92(2)(a) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

Marginal Citations

M1 1948 c. 29.

F3 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F3 S. 93 repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F4 94 Powers of managers in relation to property of patients. S

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Textual Amendments

F4 S. 94 repealed (1.10.2003) by Adults with Incapacity (Scotland) Act 2000 (asp 4), s. 89(2), sch. 6; S.S.I. 2003/267, art. 2(2)(e)

95 Reciprocal arrangements in relation to Northern Ireland as to exercise of powers. S+N.I.

(1) Where a curator bonis, tutor [F5 , guardian] or judicial factor has been appointed under the law in force in Scotland for any person suffering from mental disorder, the provisions of that law shall apply in relation to the property and affairs of that person in Northern Ireland unless [F6 he is a patient in relation to whom powers have been exercised under Part VIII of the Mental Health (Northern Ireland) Order 1986, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order].

(2) [F7 Part VIII of the Mental Health (Northern Ireland) Order 1986 shall apply in relation to the property and affairs in Scotland of a patient in relation to whom powers have been exercised under that Part, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order, as it applies in relation to his property and affairs in Northern Ireland] unless a curator bonis, tutor [F8 , guardian] or judicial factor has been appointed for him in Scotland.

(3) In this section references to property do not include references to land or interests in land:

Provided that this subsection shall not prevent the receipt of rent or other income arising from land or interests in land.

Textual Amendments

F5 Word in s. 95(1) inserted (1.10.2003) by Adults with Incapacity (Scotland) Act 2000 (asp 4), s. 89(2), sch. 5 para. 17(23)(a); S.S.I. 2003/267, art. 2(2)(d)

F6 Words substituted by S.I. 1986/596, art. 3(16)

F7 Words substituted by S.I. 1986/596, art. 3(17)

F8 Word in s. 95(2) inserted (1.10.2003) by Adults with Incapacity (Scotland) Act 2000 (asp 4), s. 89(2), sch. 5 para. 17(23)(b); S.S.I. 2003/267, art. 2(2)(d)