§ Page 125, line 17, at end insert—
| ("The Habitual Drunkards Act, 1879, 42 & 43 Vict. c. 19. | In section three, in the definition 'habitual drunkard', for the words 'amenable to any jurisdiction in lunacy' there shall be substituted the words 'a mentally disordered person within the meaning of the Mental Health Act, 1959'. |
| In section seven, for the words from 'who is licensed' to the end of the section there shall be substituted the words 'in respect of premises which are a mental nursing home within the meaning of the Mental Health Act, 1959.") |
§ Leave out lines 18 to 21 and insert—
| ("The Colonial Prisoners Removal Act, 1884, 47 & 48 Vict. c. 31. | In section ten after subsection (2), there shall be added the following sub-section— |
| (3) Without prejudice to the foregoing provisions of this section, where a criminal lunatic is removed to England and Wales, then— | |
| (a) except where he is a criminal lunatic by virtue of having been convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, the Secretary of State may give the like direction in respect of him under section seventy-one of the Mental Health Act, 1959 as may be given in the case of a person to whom that section applies; |
| ("The Colonial Prisoners Removal Act, 1884—cont. | (b) in the said excepted case, the Secretary of State may give the like direction in respect of him under section seventy-two of that Act (with or without a direction under section seventy-four thereof) as may be given in the case of a person serving a sentence of imprisonment with respect to whom the Secretary of State is satisfied as mentioned in subsection (1) of that section.'") |
§ Page 131, leave out lines 1 to 13.
§ Page 132, line 9, at end insert—
| ("The London Government Act, 1939, 2 & 3 Geo. 6. c.40. | In section ninety-four, sub-section (1) shall cease to have effect, the following subsection shall be sub-stituted for subsection (2)— |
| '(2) Subject to the provisions of this section, where any sum to which this section applies is payable to a person by a local authority and the authority is satisfied after considering medical evidence that the said person (hereinafter referred to as 'the patient') is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs, the authority may pay the said sum or such part thereof as the authority thinks fit to the institution or person having the care of the patient, to be applied for his benefit, and may pay the remainder (if any) or such part thereof as the authority thinks 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 |
| ("The London Government Act, 1939—cont. | might be expected to provide if he were not mentally disordered, or |
| (b) in reimbursement, with or without interest, 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 paragraph'; | |
| and in subsections (4) and (5), for the references to the Master in Lunacy there shall be substituted references to the authority having jurisdiction under Part VIII of this Act.") |
§ Page 133, column 2, leave out lines 2 to 13.
§ Line 22, column 2, leave out from "(1)" to ("in") in line 25.
§ Leave out lines 31 to 44.
§ Line 45, column 2, leave out from beginning to end of line 5 on page 134.
§ Page 134, column 2, leave out lines 18 to 23 and insert—
| ("In section two, in the proviso to subsection (3), for the words 'unsoundness of mind or mental deficiency' there shall be substituted the words 'mental disorder within the meaning of the Mental Health Act, 1959'") |
§ Line 33, column 2, leave out ("render him suitable to be detained") and insert ("warrant his detention")
§ Line 45, column 2, leave out ("state institution") and insert ("special hospital")
§ Page 135, line 10, column 2, after ("to") insert ("paragraph (a) of subsection (1) of")
§ Page 136, leave out lines 2 to 12.
§ Page 137, line 26, column 2, leave out from ("application") to end of line 30, and insert (", order or direction under the Mental Health Act, 1959")
§ Page 138, leave out lines 2 to 8.
§ Page 139, leave out lines 22 to 40.
1219§ Page 140, line 39, column 2, leave out from second ("in") to end of line 44 and insert—
| ("subsection (1), the following shall be substituted for paragraph (e)— | |
| '(e) whilst he is a patient as defined by section one hundred and one of the Mental Health Act, 1959, or a person as to whom powers are exercisable and have been exercised under section one hundred and four of that Act;'") |
§ Page 142, leave out lines 2 to 31 and insert—