The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

Payment of salary etc. due to mentally disordered person

J19.—(1) Subject to the provisions of this article, the power of the Authority to pay remuneration to its officers shall include power, where the Authority is satisfied after considering medical evidence that the person to whom, apart from this article, any sum to which this article applies is payable (hereafter in this article referred to as “the patient”) is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1983(1), of managing and administering his property and affairs, to pay that sum or such part thereof as the Authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the Authority think fit—

(a) to or for the benefit of persons who appear to the Authority to be members of the patient’s family or other persons for whom the patient might be expected to provide if he were not mentally disordered; or

(b) in reimbursement, with or without interests, 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 such persons as are mentioned in the foregoing sub-paragraph.

(2) This article applies to any sum payable by the Authority to an officer or pensioner of the Authority, or to the widow or widower or a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contribution made to any superannuation or other fund; and in this paragraph the expression “pensioner” includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the Authority.

(3) The Authority shall not in exercise of the powers conferred by paragraph (1) above apply in any year in respect of any one person more than &1,500. i

(4) Before exercising its powers under this article in relation to any patient the Authority shall give to the authority having jurisdiction under Part VII of the said Act of 1983 notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the Authority intend to exercise those powers, and the Authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid; and, except with the approval of the authority having jurisdiction as aforesaid, the Authority shall not make the first payment under this article in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice.

(5) If at any time the authority having jurisdiction as aforesaid gives to the Authority notice in writing that the first-mentioned authority objects to the exercise by the Authority of its said powers in relation to any patient, those powers shall, as from the date of the receipt by the Authority of the notice, cease to be exercisable by the Authority in relation to the patient unless and until the first-mentioned authority withdraws the notice.

(6) The Authority shall be discharged from all liability in respect of any payment or application of money effected by the Authority in exercise of its powers under this article.

(1)

1983 c. 20.