S95 text: Difference between revisions

Revision as of 16:07, 22 October 2008

General functions of the judge with respect to property and affairs of patient

95.—^[1]

Amendments

↑ Repealed by Mental Capacity Act 2005 s67 and sch 7; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/07

[1] Repealed by Mental Capacity Act 2005 s67 and sch 7; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/07

[1]

@@ Line 2: / Line 2: @@
 '''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—
+.—<ref>Repealed by Mental Capacity Act 2005 [[MCA 2005 s67|s67]] and [[MCA 2005 sch 7|sch 7]]; [[Mental Capacity Act 2005 (Commencement No.2) Order 2007]] wef 1/10/07</ref>
-:(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 creditor and also to the desirability of making provision for obligations of the patient notwithstanding that they may not be legally enforceable.
-{{none}}
-{{newmha}}
-.—[...]<ref name="MHA">[[Mental Health Act 2007]]</ref>
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