Search Legislation

Mental Health (Scotland) Act 1984

Status:

This is the original version (as it was originally enacted).

94Powers of managers in relation to property of patients

(1)The managers of any hospital may receive and hold money and valuables on behalf of any person who is liable to be detained in that hospital under this Act or who is receiving treatment for mental disorder as a patient in that hospital, where the medical officer in charge of his treatment has stated that in his opinion that person is incapable, by reason of his mental disorder, of managing and administering his property and affairs; and a receipt or discharge given by the managers for any such money or valuables as aforesaid shall be treated as a valid receipt or discharge given by that person.

(2)The managers shall not, under subsection (1) of this section, receive or hold on behalf of any one person without the consent of the Mental Welfare Commission money or valuables exceeding in the aggregate such sums as the Secretary of State may from time to time direct.

(3)Where the managers of the hospital hold money or valuables on behalf of a person in pursuance of subsection (1) of this section, they may expend that money or dispose of those valuables for the benefit of that person and in the exercise of the powers conferred by this subsection the managers shall have regard to the sentimental value that any article may have for the patient, or would have but for his mental disorder.

(4)Without prejudice to the generality of subsection (3) of this section, where the managers of a hospital have received money on behalf of a person in pursuance of subsection (1) of this section, being either—

(a)money becoming payable to that person during his lifetime under an insurance policy on his life, or

(b)money becoming payable to him as proposer under an insurance policy following the death of the person insured,

they may arrange for part or all of the money to be used to refund premiums paid on the policy by another person on behalf of the first-mentioned person, if they are satisfied that such other person is legally entitled to such refund.

(5)The managers of a hospital may in pursuance of their functions under this section make application for a special death certificate for the purposes of the First Schedule to the Industrial Assurance and Friendly Societies Act 1948 and of Schedule 5 to the Friendly Societies Act 1974.

(6)The managers of a hospital shall not act on behalf of any person in pursuance of the foregoing provisions of this section where a curator bonis, tutor, judicial factor, committee, receiver or any person having the powers of a receiver or guardian has been appointed for that person under the law in force in Scotland, England and Wales or Northern Ireland, as the case may be ; and where such an appointment as aforesaid has been made the managers shall account for any intromission under this section to any such curator bonis, tutor, judicial factor, committee, receiver or any person having the powers of a receiver or guardian as aforesaid.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources