– Scottish Parliament written question – answered on 19th November 1999.

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Photo of Mike Watson Mike Watson Labour

Question S1W-2649

To ask the Scottish Executive whether proceedings in the Westminster Parliament on the Mental Health (Amendment) (Scotland) Bill have now been completed.

Photo of Susan Deacon Susan Deacon Labour

The Mental Health Amendment (Scotland) Act 1999 received Royal Assent on 11 November, and comes into effect on 11 January 2000.

The Act amends section 94 of the Mental Health (Scotland) Act 1984 to allow hospital managers to continue to hold and expend funds on behalf of patients who leave hospital to live in the community and remain unable to manage their own affairs. At present, the 1984 Act makes no provision for hospital managers to pass the funds of such patients to any other person or to expend them for their benefit after they leave hospital. In consequence, the funds can become trapped and unable to be used to help the patient.

The Act is an interim measure and will be superseded, if enacted, by the Adults with Incapacity (Scotland) Bill, now before the Scottish Parliament.

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