Section 117 — Protection of Personal and Property Rights Act 1988: Transitional provisions

117 Transitional provisions (1) Subject to subsections (2) and (4) of this section, but notwithstanding any other provision of this Act, all proceedings commenced under the Aged and Infirm Persons Protection Act 1912 or Part 7 of the Mental Health Act 1969 and pending at the commencement of this Act shall be heard and determined as if this Act had not been passed. (2) If an interim protection order has been made under section 29A of the Aged and Infirm Persons Protection Act 1912 but, as at the commencement of this Act, no application has been made under section 4 or section 5 of that Act, then subsections (7) and (8) of section 29A of that Act shall apply as if the references to a protection order under section 4 or section 5 of that Act were references to a property order. (3) On the commencement of this Act, every protected person under the Aged and Infirm Persons Protection Act 1912 and every protected patient under Part 7 of the Mental Health Act 1969 and every manager appointed in respect of a protected person or a protected patient shall be deemed to be a person subject to a property order or a manager appointed under this Act, as the case may require. (4) Where, in proceedings to which subsection (1) of this section applies, a person becomes a protected person under the Aged and Infirm Persons Protection Act 1912 or a protected patient under Part 7 of the Mental Health Act 1969, on becoming so that person shall be deemed to be a person subject to a property order, and a manager appointed in respect of that person shall be deemed to be a manager appointed under this Act. (4A) Every person who is deemed by subsection (3) or subsection (4) of this section to be a manager appointed under this Act shall, subject to any order of the Court made on an application filed under this Act, have all the powers set out in Schedule 1 to this Act. (5) Within 3 years after the commencement of this Act, every person, other than a trustee corporation, who is deemed by subsection (3) or subsection (4) of this section to be a manager appointed under this Act shall apply to a Court in accordance with section 87 of this Act for a review of the original order by which that person was appointed. (6) Within 1 year after the commencement of this Act, every trustee corporation who is deemed by subsection (3) or subsection (4) of this section to be a manager appointed under this Act shall notify a Court of each case, and the Court and the trustee corporation shall draw up a programme in accordance with regulations made under this Act for the progressive review of all such cases. (7) The repeal by section 116 of this Act of the Aged and Infirm Persons Protection Act 1912 shall not affect any of the provisions of section 18 of that Act, and those provisions shall continue to apply, in respect of any period that has not expired at the commencement of this Act. (8) The repeal by section 116 of this Act of Part 7 of the Mental Health Act 1969 shall not affect any of the provisions of section 90 of that Act, and those provisions shall continue to apply, in respect of any period that has not expired at the commencement of this Act. (9) Nothing in section 45(2)(a) of this Act shall apply to any person who is deemed by subsection (3) of this section to be a manager appointed under this Act. (10) For the purposes of section 45(2)(b) of this Act,— (a) A person who was the manager of the estate of a protected person under the Aged and Infirm Persons Protection Act 1912 and who is deemed by subsection (3) of this section to be a manager appointed under this Act shall be deemed to have been so appointed on the expiry of the period referred to in subsection (7) of this section; and (b) A person who was the manager of the estate of a protected patient under Part 7 of the Mental Health Act 1969 and who is deemed by subsection (3) of this section to be a manager appointed under this Act shall be deemed to have been so appointed on the expiry of the period referred to in subsection (8) of this section. This section (4A) was inserted, as from 1 October 1988, by section 2 Protection of Personal and Property Rights Amendment Act 1989 (1989 No 133).