Public Trustee and Administration of Funds Act 1986

3 Functions of the Public Trustee. E+W

(1) The Public Trustee shall have, in addition to his powers and duties under the M1 Public Trustee Act 1906 (“the 1906 Act”), the following functions.

(2) Subject to subsections (4), (5) and (6) below, the Public Trustee shall have all the functions expressed to be conferred by Part VII of the M2 Mental Health Act 1983 (“the 1983 Act”) on the judge with respect to the property and affairs of a patient and, notwithstanding anything in the 1906 Act, if authorised, appointed or directed (as the case may be) to do so, he may—

(a) act as, as well as appoint a person to act as, a receiver for a patient, or

(b) carry on, as well as authorise or direct a suitable person to carry on, a patient’s profession, trade or business.

(3) Subject to subsections (4), (5) and (6) below, the Public Trustee shall have all the functions expressed to be conferred by any enactment not contained in Part VII of the 1983 Act on the authority having jurisdiction under that Part of that Act

(4) The Public Trustee shall not exercise the functions conferred on him by subsection (2) or (3) above except where those functions are made exercisable or are to be exercised by him by virtue of rules made or directions given to him under Part VII of the 1983 Act.

(5) Where, under any such rules or directions, functions become exercisable or are to be exercised by the Public Trustee he shall discharge the duties and may exercise the powers so imposed or conferred on him (and, where directions are given by the Master, in accordance with the directions) whether or not, under any provision of the 1906 Act, he would be obliged or empowered to decline to accept any trust or other duty.

(6) The discharge by the Public Trustee of any functions under this section shall not be treated as the discharge of the duties of his office for the purposes of the following provisions of the 1906 Act, that is to say—

(a) section 7 (liability of Consolidated Fund);

(b) section 9 (fees); and

(c) section 10 (appeal to court);

but persons may be appointed as his officers and expenses paid under section 8 and rules may be made under section 114 of that Act for the purposes of this section as for the purposes of that Act.

(7) In this section “the judge” and “patient” have the same meaning as in Part VII of the 1983 Act and “the Master” means the Master of the Court of Protection.

Marginal Citations

M1 6 Edw. 7 c. 55.

M2 1983 c. 20.