95 Reciprocal arrangements in relation to Northern Ireland as to exercise of powers.S+N.I.
(1)Where a curator bonis, tutor [F1, 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 [F2he 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)[F3Part 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 [F4, 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
F1Word 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)
F2Words substituted by S.I. 1986/596, art. 3(16)
F3Words substituted by S.I. 1986/596, art. 3(17)
F4Word 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)