SCHEDULES
C1Seventh Schedule MINOR AND CONSEQUENTIAL AMENDMENTS
Part I
AMENDMENTS EXTENDING TO ENGLAND AND WALES ONLY
Enactment | Amendment |
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The Fines and Recoveries Act , 1833, 3 & 4 Will,4. c. 74. | In section thirty-three, for the words from “lunatic” where it first occurs to “unsound mind as aforesaid” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs, the judge having jurisdiction under Part VIII of that Act shall be the protector of the settlement in his stead so long as he is incapable as aforesaid”. |
. . . F1 | |
. . . F2 | |
. . . F3 | . . . F3 |
The Improvement of Land Act, 1864, 27 & 28 Vict. c. 114. | In section sixty-eight, for the words “committee, or trustee” there shall be substituted the words “or receiver”and for the words “lunatic, idiot” there shall be substituted the words “or patient within the meaning of Part VIII of the Mental Health Act, 1959”. |
. . . F4 | . . . F4 |
The Colonial Prisoners Removal Act, 1884, 47 & 48 Vict. c. 31. | In section ten, after subsection (2), there shall be added the following subsection—
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Enactment | Amendment |
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. . . F5 | . . . F5 |
The Settled Land Act, 1925, 15 & 16 Geo. 5. c. 18. | In section sixty-eight, in subsection (3), for the words “a lunatic, or a defective” there shall be substituted the words “suffering from mental disorder”. |
The Trustee Act, 1925, 15 & 16 Geo. 5. c. 19. | In section thirty-six, the following subsection shall be substituted for subsection (9)—
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Enactment | Amendment |
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In section forty-one, in subsection (1), for the words “a lunatic or a defective” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions a s trustee”. | |
The following section shall be substituted for section fifty-four—
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Enactment | Amendment |
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In section fifty-five (except so far as it applies to vesting orders made before the commencement of this Act), for the words “the Lunacy Act,1890” there shall be substituted the words “Part VIII of the Mental Health Act, 1959” | |
The Law of Property Act, 1925, 15 & 16 Geo. 5. c. 20. | The following section shall be substituted for section twenty-two—
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Enactment | Amendment |
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... F6 | |
... F7 | |
In section two hundred and five, in subsection (1), the following paragraph shall be substituted for paragraph (xiii)—
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Enactment | Amendment |
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F34. . . | F34. . . |
The Administration of Estates Act, 1925, 15 & 16 Geo. 5. c.23. | In section forty-one, in subsection (1), in paragaph (ii) of the proviso, for the words “a lunatic or defective” there shall be substituted the words “is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs” and the word “committee” shall be omitted, and in paragraph (iv) of the proviso, for the words from “committee” to “appointed” there shall be substituted the words “receiver is acting for a person suffering from mental disorder”, and for the words “lunatic or defective” in the second place where they occur there shall be substituted the words “said person”. |
. . . F8 | . . . F8 |
The Children and Young Persons Act, 1933, 23 & 24 Goe. 5. c.12. | In section ninety-two, for the words from “but does not include” to the end of the section there shall be substituted the words “but does not include any mental nursing home or residential home for mentally disordered persons within the meaning of Part III of the Mental Health Act, 1959”. |
In the Fourth Schedule, in paragraph 4, the words from “and shall” to the end of the paragraph shall be omitted. | |
. . . F9 | . . . F9 |
. . . F10 | . . . F10 |
. . . F11 | . . . F11 |
. . . F10 | . . . F10 |
. . . F12 | . . . F12 |
. . . F13 | . . . F13 |
. . . F14 | . . . F14 |
. . . F15 | . . . F15 |
The National Assistance Act, 1948, 11 & 12 Geo. 6. c. 29. | In section forty-nine, for the words from “section one” to “that section” there shall be substituted the words “Part VIII of the Mental Health Act, 1959, as receiver for a patient or as a person otherwise having functions in relation to the property and affairs of a patient”, and for the words “the said powers” there shall be substituted the words “such functions”. |
. . . F16 | . . . F16 |
. . . F17 | . . . F17 |
. . . F18 | . . . F18 |
. . . F19 | . . . F19 |
. . . F15 | . . . F15 |
. . . F20 | . . . F20 |
. . . F21 | . . . F21 |
. . . F22 | . . . F22 |
. . . F23 | . . . F23 |
The Sexual Offences Act,1956, 4 & 5 Eliz. 2. c. 69. | In the Second Schedule, in paragraph 1, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”; in paragraph 11 in the first column, for the words “idiot or imbeclie” there shall be substituted the word “defective”; and in paragraph 14, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”. |
. . . F24 | . . . F24 |
. . . F25 | . . . F25 |
The Variation of Trusts Act, 1958, 6 & 7 Eliz. 2. c. 53. | In section one, in subsection (3), for the words from “the Judge” to the end of the subsection there shall be substituted the words “the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, if that person is a patient within the meaning of the said Part VIII”, and in subsection (6), for the words from “section one hundred and seventy-one” to the end of the subsection there shall be substituted the words “the powers of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959”. |
The Local Government Act, 1958, 6 & 7 Eliz. 2. c. 55. | In section forty-six, in subsection (1), references to Part III of the National Health service Act, 1946, and to section twenty-eight of that Act, and references to sections twenty-nine and thirty of the National Assistance Act, 1948, shall include references to those enactments as amended by this Act; and for paragraphs (d) and (e) there shall be substituted the following paragraph—
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;
Enactment | Amendment |
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In Part III of the First Schedule, in paragraph 4, in sub-paragraph (1), for the words “occupation centres provided for the purposes of paragraph (cc) of section thirteen of the Mental Deficiency Act, 1913” there shall be substituted the words “centres provided under section twenty-eight of the National Health Service Act, 1946, for the occupation or training of persons who are or have been suffering from mental disorder” and, in paragraph (2), after “occupation” there shall be inserted “or training”. |
PART II OTHER AMENDMENTS
Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5
Sch. 7 entry relating to the Pharmacy and Poisons Act 1933 repealed by Poisons Act 1972 (c. 66), s. 12(1), Sch. 3
Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2
Sch. 7 entry relating to the Children Act 1948 repealed by Local Authority Social Services Act 1970 (c. 42), s. 14(2), Sch. 3
Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Sch. 7 Part II entry relating to: Administration of Justice (Pensions) Act 1950 (c. 11) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4
Sch. 7 Part II entry relating to: Children Act 1958 (c. 65) repealed by Foster Children Act 1980 (c. 6), Sch. 2
Enactment | Amendments |
---|---|
. . . F26 | . . . F26 |
. . . F27 | . . . F27 |
. . . F28 | . . . F28 |
. . . F29 | . . . F29 |
. . . F30 | . . . F30 |
. . . F28 | . . . F28 |
. . . F31 | . . . F31 |
. . . F32 | . . . F32 |
. . . F26 | . . . F26 |
. . . F33 | . . . F33 |
The Adoption Act, 1958, 7 & 8 Eliz. 2. c. 5. | In section thirty-seven, in subsection (3), at the end there shall be added the words “nor while he is liable to be detained, subject to guardianship or resident as mentioned in subsection (4) of that section”. |
The text of Sch. 7 Pts. I and II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.