Part IXS+N.I. Protection of Property of Patients

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

(1)Where a curator bonis, tutor 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 [F1he 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)[F2Part 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 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

F1Words substituted by S.I. 1986/596, art. 3(16)

F2Words substituted by S.I. 1986/596, art. 3(17)