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PART VIIMiscellaneous and Supplementary

Miscellaneous

98Charges in respect of non-residents

Regulations may provide for the making and recovery in such manner as may be prescribed of such charges as may be prescribed in respect of the provision of such services under this Act as may be prescribed for such persons not ordinarily resident in Great Britain as may be prescribed ; and the regulations may provide that the charges are only to be made in such cases as may be determined in accordance with the regulations.

99Evasion of charges

If any person, for the purpose of evading the payment of any charge under this Act, or of reducing the amount of any such charge—

(a)knowingly makes any false statement or false representation, or

(b)produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

the charge, or as the case may be the balance of the charge, may be recovered from him as a simple contract debt by the person by whom the cost of the service in question was defrayed.

100Accommodation for persons displaced in course of development

(1)Where the carrying out of a scheme for the provision by the Secretary of State in pursuance of this Act or the [1960 c. 61.] Mental Health (Scotland) Act 1960 of accommodation or other facilities will involve the displacement from any premises of persons residing in them, the Secretary of State may make arrangements with one or more of the following bodies—

(a)an authority who are a local authority for the purposes of the [1966 c. 49.] Housing (Scotland) Act 1966,

(b)a housing association within the meaning of that Act (including the Scottish Special Housing Association),

(c)a development corporation established under the [1968 c. 16.] New Towns (Scotland) Act 1968,

for securing, in so far as it appears to him that there is no other residential accommodation suitable for the reasonable requirements of those persons available on reasonable terms, the provision of residential accommodation in advance of the displacements from time to time becoming necessary as the carrying out of the scheme proceeds.

(2)Arrangements made under subsection (1) may include provision for the making by the Secretary of State to the body with whom the arrangements are made of payments of such amounts, and for such purposes, as may be approved by the Treasury.

101Protection of Health Boards and Common Services Agency

Section 166 of the [1897 c. 38.] Public Health (Scotland) Act 1897 (which relates to the protection of local authorities and their officers) shall apply in relation to a Health Board and the Agency in like manner as the said section applies in relation to a local authority, but with the substitution for any reference to that Act of a reference to this Act.

102State hospitals

(1)The Secretary of State may provide for the management of a state hospital either by a committee constituted under section 90(2) of the [1960 c. 61.] Mental Health (Scotland) Act 1960 or by a Health Board or the Agency to the extent that power to do so is delegated to the Board or Agency by the Secretary of State.

(2)The Secretary of State shall have power by order to dissolve any such committee and any such order may contain such provision as he considers necessary or expedient in connection with the dissolution of the committee and the winding up of their affairs.

103Arbitration

Any question which is required by this Act or by any regulation thereunder to be determined by arbitration shall be determined by a single arbiter agreed upon by the parties, or, failing such agreement, appointed by the Court of Session on the application of any of the parties to the question; and at any stage in the proceedings in any such arbitration the arbiter may, and shall if so directed by the Court of Session, state a case for the opinion of that Court on any question of law arising in the arbitration.

104Exemption from stamp duty

(1)Stamp duty shall not be payable on any conveyance, agreement or assignation made, or instrument executed, solely for the purpose of giving effect to any transfer of property, rights or liabilities by, or by an order made under, sections 2 or 82 or paragraph 7 of Schedule 6.

(2)Section 12 of the [1895 c. 16.] Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to the transfer of property, rights or liabilities by, or by an order made under, section 2, and stamp duty shall not be payable on any such order.