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'''Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers'''
'''Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers'''


110.—(1) This Part of this Act shall apply in relation to the property and affairs in Scotland or Northern Ireland of a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above as it applies in relation to his property and affairs in England and Wales '''['''unless—
110.—<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Repealed by Mental Capacity Act 2005 [[MCA 2005 s67|s67]] and [[MCA 2005 sch 7|sch 7]]; [[Mental Capacity Act 2005 (Commencement No.2) Order 2007]] wef 1/10/07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) in Scotland, a [...]<ref name="AIS">[[Adults with Incapacity (Scotland) Act 2000]]</ref> judicial factor has been appointed for him; or
 
:(b) in Northern Ireland, he is a patient in relation to whom powers have been exercised under Part VIII of the Mental Health (Northern Ireland) Order 1986, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order.''']'''<ref name="NIC">[[Mental Health (Northern Ireland Consequential Amendments) Order 1986]]</ref>
 
(2) Where under the law in force in Scotland [...]<ref name="NIC"/> with respect to the property and affairs of persons suffering from mental disorder a [...]<ref name="AIS"/> judicial factor [...]<ref name="Unknown">Unknown</ref> has been appointed for any person, the provisions of that law shall apply in relation to that person’s property and affairs in England and Wales unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above.
 
[(2A) Part VIII of the Mental Health (Northern Ireland) Order 1986 shall apply in relation to the property and affairs in England and Wales of a patient in relation to whom powers have been exercised under that Part, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order as it applies in relation to his property and affairs in Northern Ireland unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above.]<ref name="NIC"/>
 
(3) Nothing in this section shall affect any power to execute a will under section 96(1)(e) above [or Article 99(1)(e) of the Mental Health (Northern Ireland) Order 1986]<ref name="NIC"/> or the effect of any will executed in the exercise of such a power.
 
(4) In this section references to property do not include references to land or interests in land but this subsection shall not prevent the receipt of rent or other income arising from land or interests in land.
 
'''Amendments'''
 
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110.—[...]<ref name="MHA">[[Mental Health Act 2007]]</ref>


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Revision as of 16:08, 22 October 2008

Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers

110.—[1]

Amendments

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