LegalizeReform history
Public Trustee and Administration of Funds Act 1986
4 versions
· 1986-11-07
2009-10-01
Public Trustee and Administration of Funds Act 1986
2007-10-01
Public Trustee and Administration of Funds Act 1986
Changes on 2007-10-01
@@ -16,57 +16,15 @@
##### 2
- (1) Part VII of the Mental Health Act 1983 (which provides for the protection and management of the property and affairs of mental patients) shall have effect with the following amendments.
- (2) In section 94 (exercise of judge’s functions)—
- (a) in subsection (1), at the beginning there shall be inserted the words “ Subject to subsection (1A) below ” and after the words “Master of the Court of Protection” there shall be inserted the words “ , by the Public Trustee ”;
- (b) in subsection (1), there shall be inserted in paragraph (a), after the word “Master” the words “ , the Public Trustee ” and, after that paragraph, the following paragraph—
> (aa) in the case of the Public Trustee, subject to any directions of the Master and so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master,
; and
- (c) after subsection (1) there shall be inserted the following subsection—
> (1A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions of the judge under this Part of this Act shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise)
.
- (3) In section 111 (exercisability of functions conferred by other Acts)—
- (a) in subsection (2), after the words “subsection (3)” there shall be inserted the words “ and (3A) ” and after the words “Master of the Court of Protection” there shall be inserted the words “ , by the Public Trustee ”;
- (b) after subsection (2) there shall be inserted the following subsection—
> (2A) The exercise of the functions referred to in subsection (2) above by the Public Trustee shall be subject to any directions of the Master and they shall be exercisable so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master.
; and
- (c) after subsection (3) there shall be inserted the following subsection—
> (3A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions referred to in subsection (2) above shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Functions of the Public Trustee
##### 3
- (1) The Public Trustee shall have, in addition to his powers and duties under the Public Trustee Act 1906 (“the 1906 Act”), the following functions.
- (1) The Public Trustee may exercise the functions of a deputy appointed by the Court of Protection.
- (2) Subject to subsections (4), (5) and (6) below, the Public Trustee shall have all the functions expressed to be conferred by Part VII of the Mental Health Act 1983 (“the 1983 Act”) on the judge with respect to the property and affairs of a patient and, notwithstanding anything in the 1906 Act, if authorised, appointed or directed (as the case may be) to do so, he may—
- (a) act as, as well as appoint a person to act as, a receiver for a patient, or
- (b) carry on, as well as authorise or direct a suitable person to carry on, a patient’s profession, trade or business.
- (3) Subject to subsections (4), (5) and (6) below, the Public Trustee shall have all the functions expressed to be conferred by any enactment not contained in Part VII of the 1983 Act on the authority having jurisdiction under that Part of that Act
- (4) The Public Trustee shall not exercise the functions conferred on him by subsection (2) or (3) above except where those functions are made exercisable or are to be exercised by him by virtue of rules made or directions given to him under Part VII of the 1983 Act.
- (5) Where, under any such rules or directions, functions become exercisable or are to be exercised by the Public Trustee he shall discharge the duties and may exercise the powers so imposed or conferred on him (and, where directions are given by the Master, in accordance with the directions) whether or not, under any provision of the 1906 Act, he would be obliged or empowered to decline to accept any trust or other duty.
- (6) The discharge by the Public Trustee of any functions under this section shall not be treated as the discharge of the duties of his office for the purposes of the following provisions of the 1906 Act, that is to say—
- (6) The discharge by the Public Trustee of any functions under this section shall not be treated as the discharge of the duties of his office for the purposes of the following provisions of the Public Trustee Act 1906, that is to say—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -76,7 +34,7 @@
but persons may be appointed as his officers and expenses paid under section 8 and rules may be made under section 114 of that Act for the purposes of this section as for the purposes of that Act.
- (7) In this section “*the judge*” and “*patient*” have the same meaning as in Part VII of the 1983 Act and “*the Master*” means the Master of the Court of Protection.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accountant General's powers of investment
@@ -147,7 +105,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public Trustee and Accountant General: appointment, tenure of office etc.
#### Exercise by Public Trustee of functions of Court of Protection.
#### Functions of the Public Trustee.
@@ -155,13 +113,7 @@
## Editorial notes
[^c788599]: [1983 c. 20](https://www.legislation.gov.uk/ukpga/1983/20).
[^c788602]: 6 Edw. 7 c. 55.
[^c788603]: [1983 c. 20](https://www.legislation.gov.uk/ukpga/1983/20).
[^c788604]: [S. 3(6)(a)](https://www.legislation.gov.uk/ukpga/1986/57/section/3/6/a) repealed (7.11.2002) by [2002 c. 35](https://www.legislation.gov.uk/ukpga/2002/35), [s. 1(3)](https://www.legislation.gov.uk/ukpga/2002/35/section/1/3)
[^c788604]: S. 3(6)(a) repealed (7.11.2002) by [2002 c. 35](https://www.legislation.gov.uk/ukpga/2002/35), [s. 1(3)](https://www.legislation.gov.uk/ukpga/2002/35/section/1/3)
[^c788606]: [1982 c. 53](https://www.legislation.gov.uk/ukpga/1982/53).
@@ -174,3 +126,13 @@
[^key-538d2e64ae029db571ab64c4f4978855]: [S. 4](https://www.legislation.gov.uk/ukpga/1986/57/section/4) repealed (22.7.2004) by [Statute Law (Repeals) Act 2004 (c. 14)](https://www.legislation.gov.uk/ukpga/2004/14), [Sch. 1 Pt. 1](https://www.legislation.gov.uk/ukpga/2004/14/schedule/1/part/1) Group 4, Pt. 17, Group 8
[^key-79e5fe52dcf6adddc9a70bc88995f395]: [S. 6(2)](https://www.legislation.gov.uk/ukpga/1986/57/section/6/2) repealed (22.7.2004) by [Statute Law (Repeals) Act 2004 (c. 14)](https://www.legislation.gov.uk/ukpga/2004/14), [Sch. 1 Pt. 1](https://www.legislation.gov.uk/ukpga/2004/14/schedule/1/part/1) Group 4, Pt. 17, Group 8
[^key-e962921fad05dffcf124a8937759bdc5]: [S. 2](https://www.legislation.gov.uk/ukpga/1986/57/section/2) repealed (1.10.2007) by [Mental Capacity Act 2005 (c. 9)](https://www.legislation.gov.uk/ukpga/2005/9), [s. 68(1)](https://www.legislation.gov.uk/ukpga/2005/9/section/68/1), [Sch. 7](https://www.legislation.gov.uk/ukpga/2005/9/schedule/7) (with [ss. 27-29](https://www.legislation.gov.uk/ukpga/2005/9/section/27), [62](https://www.legislation.gov.uk/ukpga/2005/9/section/62)); [S.I. 2007/1897](https://www.legislation.gov.uk/uksi/2007/1897), [art. 2(1)(d)](https://www.legislation.gov.uk/uksi/2007/1897/article/2/1/d)
[^key-bac0e8b4c738ed9b583fca5f3290b0d6]: S. 3(1) substituted (1.10.2007) for s. 3(1)-(5) by [Mental Capacity Act 2005 (c. 9)](https://www.legislation.gov.uk/ukpga/2005/9), [s. 68(1)](https://www.legislation.gov.uk/ukpga/2005/9/section/68/1), [Sch. 6 para. 33(a)](https://www.legislation.gov.uk/ukpga/2005/9/schedule/6/paragraph/33/a) (with [ss. 27-29](https://www.legislation.gov.uk/ukpga/2005/9/section/27), [62](https://www.legislation.gov.uk/ukpga/2005/9/section/62)); [S.I. 2007/1897](https://www.legislation.gov.uk/uksi/2007/1897), [art. 2(1)(d)](https://www.legislation.gov.uk/uksi/2007/1897/article/2/1/d)
[^key-c4318aa2798f2be9e8288b490b84173b]: Words in s. 3(6) substituted (1.10.2007) by [Mental Capacity Act 2005 (c. 9)](https://www.legislation.gov.uk/ukpga/2005/9), [s. 68(1)](https://www.legislation.gov.uk/ukpga/2005/9/section/68/1), [Sch. 6 para. 33(b)](https://www.legislation.gov.uk/ukpga/2005/9/schedule/6/paragraph/33/b) (with [ss. 27-29](https://www.legislation.gov.uk/ukpga/2005/9/section/27), [62](https://www.legislation.gov.uk/ukpga/2005/9/section/62)); [S.I. 2007/1897](https://www.legislation.gov.uk/uksi/2007/1897), [art. 2(1)(d)](https://www.legislation.gov.uk/uksi/2007/1897/article/2/1/d)
[^key-740b3181c8868f87bc6822af24b3ee6f]: S. 3(7) repealed (1.10.2007) by [Mental Capacity Act 2005 (c. 9)](https://www.legislation.gov.uk/ukpga/2005/9), [s. 68(1)](https://www.legislation.gov.uk/ukpga/2005/9/section/68/1), [Sch. 6 para. 33(c)](https://www.legislation.gov.uk/ukpga/2005/9/schedule/6/paragraph/33/c), [Sch. 7](https://www.legislation.gov.uk/ukpga/2005/9/schedule/7) (with [ss. 27-29](https://www.legislation.gov.uk/ukpga/2005/9/section/27), [62](https://www.legislation.gov.uk/ukpga/2005/9/section/62)); [S.I. 2007/1897](https://www.legislation.gov.uk/uksi/2007/1897), [art. 2(1)(d)](https://www.legislation.gov.uk/uksi/2007/1897/article/2/1/d)
#### Short title commencement and extent.
2004-07-22
Public Trustee and Administration of Funds Act 1986
1986-11-07
Public Trustee and Administration of Funds Act 1986 — versión origin
original version
Text at this date