75 Applications and references concerning conditionally discharged restricted patients.
(1) Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above (“conditionally discharged”) and is subsequently recalled to hospital—
(a) the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to the appropriate tribunal; and
(b) section 70 above shall apply to the patient as if the relevant hospital order , hospital direction or transfer direction had been made on that day.
(2) Where a restricted patient has been conditionally discharged , is not subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital he may apply to the appropriate tribunal—
(a) in the period between the expiration of 12 months and the expiration of two years beginning—
(i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and
(ii) in any other case, with the date on which the patient was conditionally discharged; and
(b) in any subsequent period of two years.
(2A) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal—
(a) in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and
(b) in any subsequent period of two years.
(2C) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the Secretary of State must refer the patient’s case to the appropriate tribunal on the expiry of—
(a) the period of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and
(b) each subsequent period of two years.
(2D) The Secretary of State is not required to make a reference under subsection (2C) if the patient’s case was considered by the appropriate tribunal during the period in question.
(2E) The Secretary of State must refer to the appropriate tribunal the case of any restricted patient who has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital if—
(a) the patient’s case has not been considered by the appropriate tribunal within the last four years, and
(b) there is no pending application or reference to the appropriate tribunal in relation to the patient’s case.
(2F) The Secretary of State may by order vary the length of a period mentioned in subsection (2C) or (2E).
(2G) An order under subsection (2F) may make—
(a) provision subject to specified exceptions;
(b) different provision for different cases or areas;
(c) transitional, consequential, incidental or supplemental provision.
(2H) Any reference under subsection (2C) or (2E) must be made to the tribunal for the area in which the patient resides.
(2I) References in this section to the patient’s case being considered by the appropriate tribunal are to the patient’s case being considered by the appropriate tribunal on the patient’s own application or otherwise.
(3) Sections 73 and 74 above shall not apply to an application under subsection (2) above , or any reference under subsection (2C) or (2E) but on any such application or reference the tribunal may—
(a) vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or
(b) direct that the restriction order , limitation direction or restriction direction to which he is subject shall cease to have effect;
and if the tribunal gives a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order , hospital direction or transfer direction.
(4) Conditions amounting to a deprivation of liberty may be imposed under subsection (3)(a) only if the tribunal is satisfied—
(a) that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and
(b) that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital.
(1) For the purpose of advising whether an application to the appropriate tribunal should be made by or in respect of a patient who is liable to be detained or subject to guardianship . . . under Part II of this Act or a community patient, or of furnishing information as to the condition of a patient for the purposes of such an application, any registered medical practitioner or approved clinician authorised by or on behalf of the patient or other person who is entitled to make or has made the application—
(a) may at any reasonable time visit the patient and examine him in private, and
(b) may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital or to any after-care services provided for the patient under section 117 below..
(2) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
77 General provisions concerning tribunal applications.
(1) No application shall be made to the appropriate tribunal by or in respect of a patient under this Act except in such cases and at such times as are expressly provided by this Act.
(2) Where under this Act any person is authorised to make an application to the appropriate tribunal within a specified period, not more than one such application shall be made by that person within that period but for that purpose there shall be disregarded any application which is withdrawn in accordance with Tribunal Procedure Rules or rules made under section 78 below.
(3) Subject to subsection (4) below an application to a tribunal authorised to be made by or in respect of a patient under this Act shall be made by notice in writing addressed
(a) in the case of a patient who is liable to be detained in a hospital, to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales;
(b) in the case of a community patient, to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales;
(c) in the case of a patient subject to guardianship, to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales.
(4) Any application under section 75(2) above shall be made to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales.
78 Procedure of Mental Health Review Tribunal for Wales.
(1) The Lord Chancellor may make rules with respect to the making of applications to the Mental Health Review Tribunal for Wales and with respect to the proceedings of that tribunal and matters incidental to or consequential on such proceedings.
(2) Rules made under this section may in particular make provision—
(a) for enabling the tribunal, or the President of the tribunal, to postpone the consideration of any application by or in respect of a patient, or of any such application of any specified class, until the expiration of such period (not exceeding 12 months) as may be specified in the rules from the date on which an application by or in respect of the same patient was last considered and determined under this Act by the tribunal or the First-tier Tribunal;
(b) for the transfer of proceedings to or from the Mental Health Review Tribunal for Wales in any case where, after the making of the application, the patient is moved into or out of Wales;
(c) for restricting the persons qualified to serve as members of the tribunal for the consideration of any application, or of an application of any specified class;
(d) for enabling the tribunal to dispose of an application without a formal hearing where such a hearing is not requested by the applicant or it appears to the tribunal that such a hearing would be detrimental to the health of the patient;
(e) for enabling the tribunal to exclude members of the public, or any specified class of members of the public, from any proceedings of the tribunal, or to prohibit the publication of reports of any such proceedings or the names of any persons concerned in such proceedings;
(f) for regulating the circumstances in which, and the persons by whom, applicants and patients in respect of whom applications are made to the tribunal may, if not desiring to conduct their own case, be represented for the purposes of those applications;
(g) for regulating the methods by which information relevant to an application may be obtained by or furnished to the tribunal, and in particular for authorising the members of the tribunal, or any one or more of them, to visit and interview in private any patient by or in respect of whom an application has been made;
(h) for making available to any applicant, and to any patient in respect of whom an application is made to the tribunal, copies of any documents obtained by or furnished to the tribunal in connection with the application, and a statement of the substance of any oral information so obtained or furnished except where the tribunal considers it undesirable in the interests of the patient or for other special reasons;
(i) for requiring the tribunal, if so requested in accordance with the rules, to furnish such statements of the reasons for any decision given by the tribunal as may be prescribed by the rules, subject to any provision made by the rules for withholding such a statement from a patient or any other person in cases where the tribunal considers that furnishing it would be undesirable in the interests of the patient or for other special reasons;
(j) for conferring on the tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions under this Act;
(k) for enabling any functions of the tribunal which relate to matters preliminary or incidental to an application to be performed by the President of the tribunal.
(3) Subsections (1) and (2) above apply in relation to references to the Mental Health Review Tribunal for Wales as they apply in relation to applications to that tribunal by or in respect of patients.
(4) Rules under this section may make provision as to the procedure to be adopted in cases concerning restricted patients and, in particular—
(a) for restricting the persons qualified to serve as chairman of the tribunal for the consideration of an application or reference relating to a restricted patient;
(b) for the transfer of proceedings to or from the tribunal in any case where, after the making of a reference or application in accordance with section 71(4) or 77(4) above, the patient begins or ceases to reside in Wales.
(5) Rules under this section may be so framed as to apply to all applications or references or to applications or references of any specified class and may make different provision in relation to different cases.
(6) Any functions conferred on the President of the Mental Health Review Tribunal for Wales by rules under this section may . . . be exercised by another member of that tribunal appointed by him for the purpose.
(7) The Mental Health Review Tribunal for Wales may pay allowances in respect of travelling expenses, subsistence and loss of earnings to any person attending the tribunal as an applicant or witness, to the patient who is the subject of the proceedings if he attends otherwise than as the applicant or a witness and to any person (other than an authorised person (within the meaning of Part 3)) who attends as the representative of an applicant.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Part I of the Arbitration Act 1996 shall not apply to any proceedings before the Mental Health Review Tribunal for Wales except so far as any provisions of that Act may be applied, with or without modifications, by rules made under this section.
78A Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
(1) A party to any proceedings before the Mental Health Review Tribunal for Wales may appeal to the Upper Tribunal on any point of law arising from a decision made by the Mental Health Review Tribunal for Wales in those proceedings.
(2) An appeal may be brought under subsection (1) above only if, on an application made by the party concerned, the Mental Health Review Tribunal for Wales or the Upper Tribunal has given its permission for the appeal to be brought.
(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Mental Health Review Tribunal for Wales.
(1) In this Part of this Act “restricted patient” means a patient who is subject to a restriction order , limitation directionor restriction direction and this Part of this Act shall, subject to the provisions of this section, have effect in relation to any person who—
(a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below),
as it has effect in relation to a restricted patient.
(2) Subject to the following provisions of this section, in this Part of this Act “the relevant hospital order”, “the relevant hospital direction”and “the relevant transfer direction”, in relation to a restricted patient, mean the hospital order , the hospital directionor transfer direction by virtue of which he is liable to be detained in a hospital.
(3) In the case of a person within paragraph (a) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.
(4) In the case of a person within paragraph (b) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.
(5) In the case of a person within paragraph (c) of subsection (1) above, references in this Part of this Act to the relevant hospital order, the relevant hospital direction, the relevant transfer direction, the restriction order , the limitation direction or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, hospital direction, transfer direction, restriction order, limitation direction, restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.
(5A) Section 75 above shall, subject to the modifications in subsection (5C) below, have effect in relation to a qualifying patient as it has effect in relation to a restricted patient who is conditionally discharged under section 42(2), 73 or 74 above.
(5B) A patient is a qualifying patient if he is treated by virtue of section 80D(3), 82A(2) or 85A(2) below as if he had been conditionally discharged and were subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction.
(5C) The modifications mentioned in subsection (5A) above are—
(a) references to the relevant hospital order, hospital direction or transfer direction, or to the restriction order, limitation direction or restriction direction to which the patient is subject, shall be construed as references to the hospital order, hospital direction or transfer direction, or restriction order, limitation direction or restriction direction, to which the patient is treated as subject by virtue of section 80D(3), 82A(2) or 85A(2) below; and
(b) the reference to the date on which the patient was conditionally discharged shall be construed as a reference to the date on which he was treated as conditionally discharged by virtue of a provision mentioned in paragraph (a) above.
(6) In this Part of this Act, unless the context otherwise requires, “hospital” means a hospital , and “the responsible clinician” means the responsible clinician, within the meaning of Part II of this Act.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained . . . under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Scotland, and that arrangements have been made for admitting him to a hospital . . . there, or, where he is not to be admitted to a hospital, for his detention in hospital to be authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 the Secretary of State may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction . . . shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.
(7) In this section “hospital” has the same meaning as in the Mental Health (Care and Treatment)(Scotland) Act 2003 .
(8) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.
80ZA Transfer of responsibility for community patients to Scotland
(1) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (2) below are met, the authority may authorise the transfer of responsibility for him to Scotland.
(2) The conditions are—
(a) a transfer under this section is in the patient's interests; and
(b) arrangements have been made for dealing with him under enactments in force in Scotland corresponding or similar to those relating to community patients in this Act.
(3) The appropriate national authority may not act under subsection (1) above while the patient is recalled to hospital under section 17E above.
(4) In this section, “the appropriate national authority” means—
(a) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State;
(b) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.
80A Transfer of responsibility for conditionally discharged patients to Scotland
(1) If it appears to the Secretary of State, in the case of a patient who—
(a) is subject to a restriction order under section 41 above; and
(b) has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies to a patient if—
(a) he is removed to England and Wales under regulations made under section 290(1)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”);
(b) immediately before his removal, his detention in hospital was authorised by virtue of that Act or the Criminal Procedure (Scotland) Act 1995; and
(c) on his removal, he is admitted to a hospital in England or Wales.
(2) He shall be treated as if, on the date of his admission to the hospital, he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the enactment by virtue of which his detention in hospital was authorised immediately before his removal.
(3) If, immediately before his removal, he was subject to a measure under any enactment in force in Scotland restricting his discharge, he shall be treated as if he were subject to an order or direction under the enactment in force in England and Wales which most closely corresponds to that enactment.
(4) If, immediately before his removal, the patient was liable to be detained under the 2003 Act by virtue of a transfer for treatment direction, given while he was serving a sentence of imprisonment (within the meaning of section 136(9) of that Act) imposed by a court in Scotland, he shall be treated as if the sentence had been imposed by a court in England and Wales.
(5) If, immediately before his removal, the patient was subject to a hospital direction or transfer for treatment direction, the restriction direction to which he is subject by virtue of subsection (3) above shall expire on the date on which that hospital direction or transfer for treatment direction (as the case may be) would have expired if he had not been so removed.
(6) If, immediately before his removal, the patient was liable to be detained under the 2003 Act by virtue of a hospital direction, he shall be treated as if any sentence of imprisonment passed at the time when that hospital direction was made had been imposed by a court in England and Wales.
(7) Any directions given by the Scottish Ministers under regulations made under section 290 of the 2003 Act as to the removal of a patient to which this section applies shall have effect as if they were given under this Act.
(8) Subsection (8) of section 80 above applies to a reference in this section as it applies to one in that section.
(9) In this section—
“hospital direction” means a direction made under section 59A of the Criminal Procedure (Scotland) Act 1995; and
“transfer for treatment direction” has the meaning given by section 136 of the 2003 Act.
80C Removal of patients subject to compulsion in the community from Scotland
(1) This section applies to a patient if—
(a) he is subject to an enactment in force in Scotland by virtue of which regulations under section 289(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 apply to him; and
(b) he is removed to England and Wales under those regulations.
(2) He shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales—
(a) he had been admitted to a hospital in England or Wales in pursuance of an application or order made on that date under the corresponding enactment; and
(b) a community treatment order had then been made discharging him from the hospital.
(3) For these purposes—
(a) if the enactment to which the patient was subject in Scotland was an enactment contained in the Mental Health (Care and Treatment) (Scotland) Act 2003, the corresponding enactment is section 3 of this Act;
(b) if the enactment to which he was subject in Scotland was an enactment contained in the Criminal Procedure (Scotland) Act 1995, the corresponding enactment is section 37 of this Act.
(4) “The responsible hospital, in the case of a patient in respect of whom a community treatment order is in force by virtue of subsection (2) above, means the hospital to which he is treated as having been admitted by virtue of that subsection, subject to section 19A above.
(5) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order.
(6) But the responsible clinician may only specify conditions under subsection (5) above which an approved mental health professional agrees should be specified.
80D Transfer of conditionally discharged patients from Scotland
(1) This section applies to a patient who is subject to—
(a) a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and
(b) a conditional discharge under section 193(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).
(2) A transfer of the patient to England and Wales under regulations made under section 290 of the 2003 Act shall have effect only if the Secretary of State has consented to the transfer.
(3) If a transfer under those regulations has effect, the patient shall be treated as if—
(a) on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
(b) he were subject to a hospital order under section 37 above and a restriction order under section 41 above.
(4) If the restriction order to which the patient was subject immediately before the transfer was of limited duration, the restriction order to which he is subject by virtue of subsection (3) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.
(1) If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained or subject to guardianship under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Northern Ireland, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to Northern Ireland and may give any necessary directions for his conveyance to his destination.
(2) Subject to the provisions of subsections (4) and (5) below, where a patient liable to be detained under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and admitted to a hospital in Northern Ireland, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment in force in Northern Ireland, and, where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in this Act, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment in force in Northern Ireland.
(3) Where a patient subject to guardianship under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and received into guardianship in Northern Ireland, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment in force in Northern Ireland, and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date.
(4) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for assessment under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if he had been admitted to the hospital in pursuance of an application for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986 made on the date of his admission.
(5) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for treatment under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if he were detained for treatment under Part II of the Mental Health (Northern Ireland) Order 1986 by virtue of a report under Article 12(1) of that Order made on the date of his admission
(6) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of section 47(5) above) imposed by a court in England and Wales, he shall be treated as if the sentence had been imposed by a court in Northern Ireland.
(7) Where a person removed under this section was immediately before his removal subject to a . . . restriction direction of limited duration, the . . . restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned . . . restriction direction would have expired if he had not been so removed.
(8) In this section “hospital” has the same meaning as in the Mental Health (Northern Ireland) Order 1986.
81ZA Removal of community patients to Northern Ireland
(1) Section 81 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable.
(2) Any reference in that section to the application, order or direction by virtue of which a patient is liable to be detained under this Act shall be construed, for these purposes, as a reference to the application, order or direction under this Act in respect of the patient.
81A Transfer of responsibility for patients to Northern Ireland.
(1) If it appears to the Secretary of State, in the case of a patient who—
(a) is subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above;
(b) has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.
(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—
(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and
(b) as if he were subject to a hospital order and a restriction order, or to a transfer direction and a restriction direction, under the corresponding enactment in force in Northern Ireland.
(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a . . . restriction direction of limited duration, the . . . restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned . . . direction would have expired if the transfer had not been made.
82 Removal to England and Wales of patients from Northern Ireland.
(1) If it appears to the responsible authority, in the case of a patient who is for the time being liable to be detained or subject to guardianship under the Mental Health (Northern Ireland) Order 1986 (otherwise than by virtue of Article 42, 43 or 45 of that Order), that it is in the interests of the patient to remove him to England and Wales, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the responsible authority may authorise his removal to England and Wales and may give any necessary directions for his conveyance to his destination.
(2) Subject to the provisions of subsections (4) and (4A) below, where a patient who is liable to be detained under the Mental Health (Northern Ireland) Order 1986 by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and admitted to a hospital in England and Wales, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment in force in England and Wales and, where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in that Order, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment in force in England and Wales..
(3) Where a patient subject to guardianship under the Mental Health (Northern Ireland) Order 1986 by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and received into guardianship in England and Wales, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment in force in England and Wales and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date.
(4) Where a person removed under this section was immediately before his removal liable to be detained for treatment by virtue of a report under Article 12(1) or 13 of the Mental Health (Northern Ireland) Order 1986, he shall be treated, on his admission to a hospital in England and Wales, as if he had been admitted to the hospital in pursuance of an application for admission for treatment made on the date of his admission.
(4A) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986, he shall be treated, on his admission to a hospital in England and Wales, as if he had been admitted to the hospital in pursuance of an application for admission for assessment made on the date of his admission.
(5) Where a patient removed under this section was immediately before his removal liable to be detained under the Mental Health (Northern Ireland) Order 1986 by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of Article 53(5) of that Order ) imposed by a court in Northern Ireland, he shall be treated as if the sentence had been imposed by a court in England and Wales.
(6) Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned restriction order or restriction direction would have expired if he had not been so removed.
(7) In this section “the responsible authority” means the Department of Health and Social Services for Northern Ireland or, in relation to a patient who is subject to a restriction order or restriction direction, the Department of Justice in Northern Ireland.
82A Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
(1) If it appears to the Department of Justice in Northern Ireland, in the case of a patient who—
(a) is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the Mental Health (Northern Ireland) Order 1986; and
(b) has been conditionally discharged under Article 48(2) or 78(2) of that Order,
that a transfer under this section would be in the interests of the patient, the Department of Justice in Northern Ireland may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.
(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—
(a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
(b) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above.
(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83 Removal of patients to Channel Islands or Isle of Man.
If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained or subject to guardianship under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to any of the Channel Islands or to the Isle of Man, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to the island in question and may give any necessary directions for his conveyance to his destination.
83ZA Removal or transfer of community patients to Channel Islands or Isle of Man
(1) Section 83 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable.
(2) But if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act—
(a) subsection (1) above shall not apply as regards that island; and
(b) subsections (3) to (6) below shall apply instead.
(3) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (4) below are met, the authority may authorise the transfer of responsibility for him to the island in question.
(4) The conditions are—
(a) a transfer under subsection (3) above is in the patient's interests; and
(b) arrangements have been made for dealing with him under the relevant enactments.
(5) But the authority may not act under subsection (3) above while the patient is recalled to hospital under section 17E above.
(6) In this section, “the appropriate national authority” means—
(a) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State;
(b) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.
83A Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man
If it appears to the Secretary of State, in the case of a patient who—
(a) is subject to a restriction order or restriction direction under section 41 or 49 above; and
(b) has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.
84 Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
(1) The Secretary of State may by warrant direct that any offender found by a court in any of the Channel Islands or in the Isle of Man to be insane or to have been insane at the time of the alleged offence, and ordered to be detained during Her Majesty’s pleasure, be removed to a hospital in England and Wales.
(2) A patient removed under subsection (1) above shall, on his reception into the hospital in England and Wales, be treated as if he were subject to a hospital order together with a restriction order . . . .
(3) The Secretary of State may by warrant direct that any patient removed under this section from any of the Channel Islands or from the Isle of Man be returned to the island from which he was so removed, there to be dealt with according to law in all respects as if he had not been removed under this section.
85 Patients removed from Channel Islands or Isle of Man.
(1) This section applies to any patient who is removed to England and Wales from any of the Channel Islands or the Isle of Man under a provision corresponding to section 83 above and who immediately before his removal was liable to be detained or subject to guardianship in the island in question under a provision corresponding to an enactment contained in this Act (other than section 35, 36 or 38 above).
(2) Where the patient is admitted to a hospital in England and Wales he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment contained in this Act and, where he is subject to an order or direction restricting his discharge, as if he were subject to a hospital order and a restriction order or to a hospital direction and a limitation direction or to a transfer direction and a restriction direction .
(3) Where the patient is received into guardianship in England and Wales, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment contained in this Act and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date.
(4) Where the patient was immediately before his removal liable to be detained by virtue of a transfer direction given while he was serving a sentence of imprisonment imposed by a court in the island in question, he shall be treated as if the sentence had been imposed by a court in England and Wales.
(5) Where the patient was immediately before his removal subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if he had not been removed.
(6) While being conveyed to the hospital referred to in subsection (2) or, as the case may be, the place referred to in subsection (3) above, the patient shall be deemed to be in legal custody, and section 138 below shall apply to him as if he were in legal custody by virtue of section 137 below.
(7) In the case of a patient removed from the Isle of Man the reference in subsection (4) above to a person serving a sentence of imprisonment includes a reference to a person detained as mentioned in section 60(6)(a) of the Mental Health Act 1974 (an Act of Tynwald).
85ZA Responsibility for community patients transferred from Channel Islands or Isle of Man
(1) This section shall have effect if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act.
(2) If responsibility for a patient is transferred to England and Wales under a provision corresponding to section 83ZA(3) above, he shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales—
(a) he had been admitted to the hospital in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the relevant enactments; and
(b) a community treatment order had then been made discharging him from the hospital.
(3) “The responsible hospital”, in his case, means the hospital to which he is treated as having been admitted by virtue of subsection (2) above, subject to section 19A above.
(4) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order.
(5) But the responsible clinician may only specify conditions under subsection (4) above which an approved mental health professional agrees should be specified.
85A Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man
(1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.
(2) The patient shall be treated—
(a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
(b) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above, or to a hospital direction and a limitation direction under section 45A above, or to a transfer direction under section 47 above and a restriction direction under section 49 above.
(3) Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order , limitation direction or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.
(1) This section applies to any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient who is receiving treatment for mental disorder as an in-patient in a hospital in England and Wales or a hospital within the meaning of the Mental Health (Northern Ireland) Order 1986 and is detained pursuant to—
(a) an application for admission for treatment or a report under Article 12(1) or 13 of that Order;
(b) a hospital order under section 37 above or Article 44 of that Order; or
(c) an order or direction under this Act (other than under section 35, 36 or 38 above) or under that Order (other than under Article 42, 43 or 45 of that Order) .
(2) If it appears to the Secretary of State that proper arrangements have been made for the removal of a patient to whom this section applies to a country or territory outside the United Kingdom, the Isle of Man and the Channel Islands and for his care or treatment there and that it is in the interests of the patient to remove him, the Secretary of State may, subject to subsection (3) below—
(a) by warrant authorise the removal of the patient from the place where he is receiving treatment as mentioned in subsection (1) above, and
(b) give such directions as the Secretary of State thinks fit for the conveyance of the patient to his destination in that country or territory and for his detention in any place or on board any ship or aircraft until his arrival at any specified port or place in any such country or territory.
(3) The Secretary of State shall not exercise his powers under subsection (2) above in the case of any patient except with the approval of the appropriate tribunal or, as the case may be, of the Mental Health Review Tribunal for Northern Ireland.
(4) In relation to a patient receiving treatment in a hospital within the meaning of the Mental Health (Northern Ireland) Order 1986, the reference in subsection (1) above to mental disorder shall be construed in accordance with that Order and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.
87 Patients absent from hospitals in Northern Ireland.
(1) Any person who—
(a) under Article 29 or 132 of the Mental Health (Northern Ireland) Order 1986 (which provide, respectively, for the retaking of patients absent without leave and for the retaking of patients escaping from custody); or
(b) under the said Article 29 as applied by Article 31 of the said Order(which makes special provision as to persons sentenced to imprisonment),
may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an approved mental health professional , by any constable or by any person authorised by or by virtue of the said Order to take him into custody.
(2) This section does not apply to any person who is subject to guardianship.
88 Patients absent from hospitals in England and Wales.
(1) Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, Northern Ireland.
(2) For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression “constable” includes an officer or constable of the Police Service of Northern Ireland.
(3) For the purposes of the said enactments in their application by virtue of this section to Scotland or Northern Ireland, any reference to an approved mental health professionalshall be construed as including a reference—
(a) in Scotland, to any mental health officer within the meaning of the Mental Health (Care and Treatment)(Scotland) Act 2003;
(b) in Northern Ireland, to any approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986.
(4) This section does not apply to any person who is subject to guardianship.
89 Patients absent from hospitals in the Channel Islands or Isle of Man.
(1) Any person who under any provision corresponding to section 18 above or 138 below may be taken into custody in any of the Channel Islands or the Isle of Man may be taken into custody in, and returned to the island in question from, England and Wales by an approved mental health professional or a constable.
(2) This section does not apply to any person who is subject to guardianship.
Section 32 above shall have effect as if references in that section to Part II of this Act included references to this Part of this Act , so far as this Part of this Act applies to patients removed to England and Wales or for whom responsibility is transferred to England and Wales.
91 General provisions as to patients removed from England and Wales.
(1) Subject to subsection (2) below, where a patient liable to be detained or subject to guardianship by virtue of an application, order or direction under Part II or III of this Act (other than section 35, 36 or 38 above) is removed from England and Wales in pursuance of arrangements under this Part of this Act, the application, order or direction shall cease to have effect when he is duly received into a hospital or other institution, or placed under guardianship or, where he is not received into a hospital but his detention in hospital is authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 , in pursuance of those arrangements.
(2) Where the Secretary of State exercises his powers under section 86(2) above in respect of a patient who is detained pursuant to a hospital order under section 37 above and in respect of whom a restriction order is in force, those orders shall continue in force so as to apply to the patient if he returns to England and Wales . . . .
(2A) Where responsibility for a community patient is transferred to a jurisdiction outside England and Wales (or such a patient is removed outside England and Wales) in pursuance of arrangements under this Part of this Act, the application, order or direction mentioned in subsection (1) above in force in respect of him shall cease to have effect on the date on which responsibility is so transferred (or he is so removed) in pursuance of those arrangements.
(3) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.
(1) References in this Part of this Act to a hospital, being a hospital in England and Wales, shall be construed as references to a hospital within the meaning of Part II of this Act.
(1A) References in this Part of this Act to the responsible clinician shall be construed as references to the responsible clinician within the meaning of Part 2 of this Act.
(2) Where a patient is treated by virtue of this Part of this Act as if he had been removed to a hospital in England and Wales in pursuance of a direction under Part III of this Act, that direction shall be deemed to have been given on the date of his reception into the hospital.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Sections 80 to 85A above shall have effect as if—
(a) any hospital direction under section 45A above were a transfer direction under section 47 above; and
(b) any limitation direction under section 45A above were a restriction direction under section 49 above.
(5) Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.
(1) The Lord Chief Justice shall, after consulting the Lord Chancellor, shall from time to time nominate one or more judges of the Supreme Court (in this Act referred to as “nominated judges”) to act for the purposes of this Part of this Act.
(2) There shall continue to be an office of the Supreme Court, called the Court of Protection, for the protection and management, as provided by this Part of this Act, of the property and affairs of persons under disability; and there shall continue to be a Master of the Court of Protection appointed by Her Majesty under section 89 of the Supreme Court Act 1981.
(3) The Master of the Court of Protection shall take the oath of allegiance and judicial oath in the presence of the Lord Chief Justice ; and the Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included the Master of the Court of Protection.
(4) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, nominate other officers of the Court of Protection (in this Part of this Act referred to as “nominated officers”) to act for the purposes of this Part of this Act.
(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).
94 Exercise of the judge’s functions: “the patient”.
(1) Subject to sub-section (1A) below the functions expressed to be conferred by this Part of this Act on the judge shall be exercisable . . . by any nominated judge, and shall also be exercisable by the Master of the Court of Protection ,by the Public Trustee or by any nominated officer, but—
(a) in the case of the Master the Public Trustee or any nominated officer, subject to any express provision to the contrary in this Part of this Act or any rules made under this Part of this Act,
(aa) in the case of the Public Trustee, subject to any directions of the Master and so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master,
(b) in the case of any nominated officer, subject to any directions of the Master and so far only as may be provided by the instrument by which he is nominated;
and references in this Part of this Act to the judge shall be construed accordingly.
(1A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions of the judge under this Part of this Act shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise)
(2) The functions of the judge under this Part of this Act shall be exercisable where, after considering medical evidence, he is satisfied that a person is incapable, by reason of mental disorder, of managing and administering his property and affairs; and a person as to whom the judge is so satisfied is referred to in this Part of this Act as a patient.
95 General functions of the judge with respect to property and affairs of patient.
(1) The judge may, with respect to the property and affairs of a patient, do or secure the doing of all such things as appear necessary or expedient—
(a) for the maintenance or other benefit of the patient,
(b) for the maintenance or other benefit of members of the patient’s family,
(c) for making provision for other persons or purposes for whom or which the patient might be expected to provide if he were not mentally disordered, or
(d) otherwise for administering the patient’s affairs.
(2) In the exercise of the powers conferred by this section regard shall be had first of all to the requirements of the patient, and the rules of law which restricted the enforcement by a creditor of rights against property under the control of the judge in lunacy shall apply to property under the control of the judge; but, subject to the foregoing provisions of this subsection, the judge shall, in administering a patient’s affairs, have regard to the interests of creditors and also to the desirability of making provision for obligations of the patient notwithstanding that they may not be legally enforceable.
96 Powers of the judge as to patient’s property and affairs.
(1) Without prejudice to the generality of section 95 above, the judge shall have power to make such orders and give such directions and authorities as he thinks fit for the purposes of that section and in particular may for those purposes make orders or give directions or authorities for—
(a) the control (with or without the transfer or vesting of property or the payment into or lodgment in the Supreme Court of money or securities) and management of any property of the patient;
(b) the sale, exchange, charging or other disposition of or dealing with any property of the patient;
(c) the acquisition of any property in the name or on behalf of the patient;
(d) the settlement of any property of the patient, or the gift of any property of the patient to any such persons or for any such purposes as are mentioned in paragraphs (b) and (c) of section 95(1) above;
(e) the execution for the patient of a will making any provision (whether by way of disposing of property or exercising a power or otherwise) which could be made by a will executed by the patient if he were not mentally disordered;
(f) the carrying on by a suitable person of any profession, trade or business of the patient;
(g) the dissolution of a partnership of which the patient is a member;
(h) the carrying out of any contract entered into by the patient;
(i) the conduct of legal proceedings in the name of the patient or on his behalf;
(j) the reimbursement out of the property of the patient, with or without interest, of money applied by any person either in payment of the patient’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or members of his family or in making provision for other persons or purposes for whom or which he might be expected to provide if he were not mentally disordered;
(k) the exercise of any power (including a power to consent) vested in the patient, whether beneficially, or as guardian or trustee, or otherwise.
(2) If under subsection (1) above provision is made for the settlement of any property of a patient, or the exercise of a power vested in a patient of appointing trustees or retiring from a trust, the judge may also make as respects the property settled or trust property such consequential vesting or other orders as the case may require, including (in the case of the exercise of such a power) any order which could have been made in such a case under Part IV of the Trustee Act 1925.
(3) Where under this section a settlement has been made of any property of a patient, and . . . a nominated judge is satisfied, at any time before the death of the patient, that any material fact was not disclosed when the settlement was made, or that there has been any substantial change in circumstances, he may by order vary the settlement in such manner as he thinks fit, and give any consequential directions.
(4) The power of the judge to make or give an order, direction or authority for the execution of a will for a patient—
(a) shall not be exercisable at any time when the patient is a minor, and
(b) shall not be exercised unless the judge has reason to believe that the patient is incapable of making a valid will for himself.
(5) The powers of a patient as patron of a benefice shall be exercisable by the Lord Chancellor only.
97 Supplementary provisions as to wills executed under s. 96.
(1) Where under section 96(1) above the judge makes or gives an order, direction or authority requiring or authorising a person (in this section referred to as “the authorised person”) to execute a will for a patient, any will executed in pursuance of that order, direction or authority shall be expressed to be signed by the patient acting by the authorised person, and shall be—
(a) signed by the authorised person with the name of the patient, and with his own name, in the presence of two or more witnesses present at the same time, and
(b) attested and subscribed by those witnesses in the presence of the authorised person, and
(c) sealed with the official seal of the Court of Protection.
(2) The Wills Act 1837 shall have effect in relation to any such will as if it were signed by the patient by his own hand, except that in relation to any such will—
(a) section 9 of that Act (which makes provision as to the signing and attestation of wills) shall not apply, and
(b) in the subsequent provisions of that Act any reference to execution in the manner required by the previous provisions of that Act shall be construed as a reference to execution in the manner required by subsection (1) above.
(3) Subject to the following provisions of this section, any such will executed in accordance with subsection (1) above shall have the same effect for all purposes as if the patient were capable of making a valid will and the will had been executed by him in the manner required by the Wills Act 1837.
(4) So much of subsection (3) above as provides for such a will to have effect as if the patient were capable of making a valid will—
(a) shall not have effect in relation to such a will in so far as it disposes of any immovable property, other than immovable property in England or Wales, and
(b) where at the time when such a will is executed the patient is domiciled in Scotland or Northern Ireland or in a country or territory outside the United Kingdom, shall not have effect in relation to that will in so far as it relates to any other property or matter, except any property or matter in respect of which, under the law of his domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of England and Wales.
Where it is represented to the judge, and he has reason to believe, that a person may be incapable, by reason of mental disorder, of managing and administering his property and affairs, and the judge is of the opinion that it is necessary to make immediate provision for any of the matters referred to in section 95 above, then pending the determination of the question whether that person is so incapable the judge may exercise in relation to the property and affairs of that person any of the powers conferred on him in relation to the property and affairs of a patient by this Part of this Act so far as is requisite for enabling that provision to be made.
(1) The judge may by order appoint as receiver for a patient a person specified in the order or the holder for the time being of an office so specified.
(2) A person appointed as receiver for a patient shall do all such things in relation to the property and affairs of the patient as the judge, in the exercise of the powers conferred on him by sections 95 and 96 above, orders or directs him to do and may do any such thing in relation to the property and affairs of the patient as the judge, in the exercise of those powers, authorises him to do.
(3) A receiver appointed for any person shall be discharged by order of the judge on the judge being satisfied that that person has become capable of managing and administering his property and affairs, and may be discharged by order of the judge at any time if the judge considers it expedient to do so; and a receiver shall be discharged (without any order) on the death of the patient.
100 Vesting of stock in curator appointed outside England and Wales.
(1) Where the judge is satisfied—
(a) that under the law prevailing in a place outside England and Wales a person has been appointed to exercise powers with respect to the property or affairs of any other person on the ground (however formulated) that that other person is incapable, by reason of mental disorder, of managing and administering his property and affairs, and
(b) that having regard to the nature of the appointment and to the circumstances of the case it is expedient that the judge should exercise his powers under this section,
the judge may direct any stock standing in the name of the said other person or the right to receive the dividends from the stock to be transferred into the name of the person so appointed or otherwise dealt with as requested by that person, and may give such directions as the judge thinks fit for dealing with accrued dividends from the stock.
(2) In this section “stock” includes shares and also any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities, and “dividends” shall be construed accordingly.
101 Preservation of interests in patient’s property.
(1) Where any property of a person has been disposed of under this Part of this Act, and under his will or his intestacy, or by any gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal—
(a) he shall take the same interest, if and so far as circumstances allow, in any property belonging to the estate of the deceased which represents the property disposed of; and
(b) if the property disposed of was real property any property representing it shall so long as it remains part of his estate be treated as if it were real property.
(2) The judge, in ordering, directing or authorising under this Part of this Act any disposal of property which apart from this section would result in the conversion of personal property into real property, may direct that the property representing the property disposed of shall, so long as it remains the property of the patient or forms part of his estate, be treated as if it were personal property.
(3) References in subsections (1) and (2) above to the disposal of property are references to—
(a) the sale, exchange, charging or other dealing (otherwise than by will) with property other than money,
(b) the removal of property from one place to another,
(c) the application of money in acquiring property, or
(d) the transfer of money from one account to another;
and references to property representing property disposed of shall be construed accordingly and as including the result of successive disposals.
(4) The judge may give such directions as appear to him necessary or expedient for the purpose of facilitating the operation of subsection (1) above, including the carrying of money to a separate account and the transfer of property other than money.
(5) Where the judge has ordered, directed or authorised the expenditure of money for the carrying out of permanent improvements on, or otherwise for the permanent benefit of, any property of the patient, he may order that the whole or any part of the money expended or to be expended shall be a charge upon the property, whether without interest or with interest at a specified rate; and an order under this subsection may provide for excluding or restricting the operation of subsection (1) above.
(6) A charge under subsection (5) above may be made in favour of such person as may be just, and in particular, where the money charged is paid out of the patient’s general estate, may be made in favour of a person as trustee for the patient; but no charge under that subsection shall confer any right of sale or foreclosure during the lifetime of the patient.