Criminal Lunatics (Scotland) Act 1935
| Jurisdiction | UK Non-devolved |
| Citation | 1935 c. 32 |
| Year | 1935 |
Criminal Lunatics (Scotland) Act, 1935
(25 & 26 Geo. 5.) CHAPTER 32.
An Act to make provision for the establishment of a criminal lunatic asylum in Scotland, and for purposes connected therewith.
[2nd August 1935]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Establishment and maintenance of criminal lunatic asylum in Scotland.
(1) It shall be lawful for the Secretary of State, with the sanction of the Treasury, to authorise the Prisons Department for Scotland (hereinafter referred to as the Department) to establish, maintain and manage a criminal lunatic asylum in Scotland, and for that purpose to acquire land and to provide and equip buildings.
(2) The criminal lunatic asylum established in pursuance of this Act (hereinafter referred to as the criminal lunatic asylum) shall be deemed not to be an asylum within the meaning of the Lunacy (Scotland) Acts, 1857 to 1919.
2 Secretary of State may appoint officers for asylum.
2. The Secretary of State may appoint for the purpose of the maintenance and management of the criminal lunatic asylum a resident medical superintendent, and such other officers and servants as he may, with the concurrence of the Treasury, deem necessary and such resident medical superintendent and other officers and servants shall receive such salaries or remuneration as the Secretary of State may, with the consent of the Treasury, determine.
3 Appointment of Advisory Committee.
(1) For the purpose of advising and assisting the Department with regard to the maintenance and management of the criminal lunatic asylum, the Secretary of State shall appoint an Advisory Committee consisting of not less than three nor more than six persons, one of whom the Secretary of State shall appoint to be chairman.
(2) The chairman and the members of the Advisory Committee shall hold office for three years from the date of their appointment. The Department may require any of its officers to act as clerk to the committee.
(3) Any vacancy in the office of chairman or member of the Advisory Committee shall be filled by the Secretary of State as soon as practicable, and the person so appointed shall hold office only so long as the person in whose place he is appointed would have held office if the vacancy had not occurred.
(4) The Advisory Committee may authorise any member or members thereof to visit and inspect the criminal lunatic asylum, and the Department shall afford to the committee and to any member or members so authorised such information as may be necessary to enable them to carry out their duties.
4 Removal of persons from prisons to criminal lunatic asylum and detention therein.
(1) It shall be lawful for the Department to order the removal to and detention in the criminal lunatic asylum of any person undergoing sentence of penal servitude, preventive detention or imprisonment (not being imprisonment under civil process) in whose case it is certified by two duly qualified medical practitioners that he is insane and that it is advisable that he should be detained in the criminal lunatic asylum rather than in any other asylum,...
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