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Mental Health (Scotland) Act 1984

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This is the original version (as it was originally enacted).

92Duties of local authority in relation to property

(1)Where a local authority is satisfied—

(a)that any person in their area is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs;

(b)that a curator bonis ought to be appointed in respect of that person; and

(c)that no arrangements have been made or are being made in that behalf,

they shall petition the court for such appointment as aforesaid ; and, where that person is a patient in a hospital or has been placed under guardianship, the authority shall, on the grant of any such petition, so inform the managers of the hospital or, as the case may be, the guardian within 28 days there from.

(2)In relation to persons suffering from mental disorder, section 48 of the National Assistance Act 1948 (which imposes a duty on certain local authorities to provide protection for property of persons admitted to hospitals, etc.) shall have effect as if—

(a)in subsection (1) the reference to a person admitted as a patient to hospital included a reference to a person admitted to a private hospital within the meaning of this Act or subject to guardianship thereunder; and

(b)references to moveable property in subsections (1) and (2) included a reference to heritable property.

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