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Section 110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.

United Kingdom

(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 F1unless—

(a)

in Scotland, aF2. . . 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.

(2)

Where under the law in force in Scotland . . . F3 with respect to the property and affairs of persons suffering from mental disorder a. . . judicial factor 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.

F4(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 exercisible 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.

(3)

Nothing in this section shall affect any power to execute a will under section 96(1)(e) above F5or Article 99(1)(e) of the Mental Health (Northern Ireland) Order 1986 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.

Annotations

Textual amendments

F1

S. 110(1)(a)(b) and word substituted by S.I. 1986/596, art. 2(17)

F2

Words in s. 110(1)(2) repealed (S.) (1.4.2002) by 2000 asp 4, s. 88, Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F3

Words repealed by S.I. 1986/596, art. 2(18)

F4

S. 110(2A) inserted by S.I. 1986/596, art. 2(19)

F5

Words inserted by S.I. 1986/596, art. 2(20)

Notes on the whole Act

Textual amendments

F1

For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Part VII

Textual amendments

F1

Pt. 7 (ss. 93-113) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 66(1)(a), 67(2), Sch. 7 (with ss. 27, 28, 29, 62, Sch. 5 Pt. 1); S.I. 2007/1897, art. 2