Mental Deficiency (Scotland) Act 1940

JurisdictionUK Non-devolved
Citation1940 c. 8
Year1940


Mental Deficiency (Scotland) Act, 1940

(3 & 4 Geo. 6.) CHAPTER 8.

An Act to amend the provisions of the Mental Deficiency and Lunacy (Scotland) Act, 1913, with regard to the duration of the detention of mental defectives in institutions or under guardianship.

[14th March 1940]

B E 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:—

S-1 Amendment of 3 & 4 Geo. 5. c. 38, s. 12.

1 Amendment of 3 & 4 Geo. 5. c. 38, s. 12.

1. Section twelve of the Mental Deficiency and Lunacy (Scotland) Act, 1913, (hereinafter referred to as the principal Act), shall, as regards the manner of continuing, after the commencement of this Act, any order that a defective be sent to an institution or placed under guardianship, have effect as if for subsections (2) and (3) the following subsections were substituted:—

(2) Save as hereinafter provided, an order shall remain in force for a year after the date when under the preceding provisions of this section it would have expired, and thereafter for successive periods of three years if within one month prior to that date, and within one month prior to the end of each period of one and three years respectively the Board, after considering such special report and certificate as is hereinafter mentioned, and the means of care and supervision which would be available if the defective were discharged, determine that the continuance of the order is required in his interests and make an order to that effect:

Provided that, where a defective was at the date of the order under twenty-one years of age, the question of his discharge shall be considered by the Board within three months after he attains that age.

(3) Where any order that a defective be sent to an institution or placed under guardianship is in force by virtue of an order made under the immediately preceding subsection, it shall be lawful for the defective, or his parent or guardian, or the person who presented the petition on which the original order was made, or the local authority concerned, to appeal to the sheriff against the continuance of the order, and on any such appeal the sheriff, after such inquiry as he shall think necessary may direct that the order shall cease to have effect and that the defective shall be discharged, or may dismiss the appeal as he shall think fit:

Provided that no appeal...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT