Public Trustee and Administration of Funds Act 1986

The office of Public Trustee and the office of Accountant General of the Senior Courtsmay be held by one person.

The office of Accountant General of the Senior Courts may, but need not, be held by the Permanent Secretary to the Lord Chancellor.

The enactments specified in the Schedule to this Act shall have effect with the amendments specified in that Schedule.

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.

In section 94 (exercise of judge's functions)—

In section 111 (exercisability of functions conferred by other Acts)—

The Public Trustee may exercise the functions of a deputy appointed by the Court of Protection.

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—

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.

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.

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.

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— 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.

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and

In subsection (3) of that section (deficiencies to be made good out of the Consolidated Fund) for the words “paragraphs (a) and (b)” there shall be substituted the words “ paragraphs (a) to (c) ”.

After subsection (4) of that section there shall be inserted the following subsection—

This act may be cited as the Public Trustee and Administration of Funds Act 1986.

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With the exception of the amendments in the Administration of Justice Act 1982, this Act extends to England and Wales only.