Section 40 — Protection of Personal and Property Rights Act 1988: Application of Public Trust Act 2001

40 Application of Public Trust Act 2001 (1) The management of the property of a person subject to a property order in respect of which Public Trust is the manager or one of the managers shall be deemed to be placed in Public Trust; and, subject to the provisions of this Act, all the provisions of the Public Trust Act 2001 , so far as they are applicable and with any necessary modifications, shall extend and apply accordingly to the management of that person's property. (2) All expenses incurred by Public Trust as manager, whether alone or together with any other person or persons, in respect of the maintenance of any person subject to a property order or in the management of the property of any such person, or in the exercise of the powers, authorities, and discretions conferred on Public Trust in respect of that property, shall be charged against and payable out of that person's property; and, in addition, there shall be payable in respect of that property remuneration and amounts in accordance with Public Trust's scale of charges. (3) All such expenses, commissions, and other charges shall be payable out of the estate of the person subject to a property order notwithstanding that the person dies or his or her property otherwise ceases to be under the management of Public Trust before such payment is made. The heading to section 40 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust Act 2001 ” for the words “ Public Trust Office Act 1957 ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Section 40 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust ” for the words “ the Public Trustee ” wherever they occur. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (1) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust Act 2001 ” for the words “ Public Trust Office Act 1957 ” , and by substituting the words “ Public Trust ” for the words “ the Public Trust Office ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (2) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ remuneration and amounts in accordance with Public Trust's scale of charges ” for the words “ the commissions and other charges from time to time prescribed by regulations made under section 140 of the Public Trust Office Act 1957 ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).