Mental Health Act 1990 No 9
Repealed version for 2 June 2006 to 15 November 2007 (accessed 21 May 2013 at 19:45)
Chapter 8Part 3

Part 3 Patients funds and accounts

244   Trust funds

(1)  The Director-General, in relation to each hospital other than an authorised hospital, and the medical superintendent of an authorised hospital must establish and maintain, in a bank, building society or credit union approved by the Treasurer:
(a)  a Patients Trust Fund, and
(b)  a Patients Amenities Account.
(2)  The Director-General, in relation to each hospital other than an authorised hospital, must establish and maintain, in a bank, building society or credit union approved by the Treasurer, an Interest Account.

245   Patients Trust Fund

(1)  Money received by the responsible person from a patient for custody on behalf of the patient or from some other person for the benefit, use or enjoyment of a specified patient, is to be paid into the Patients Trust Fund.
(2)  The responsible person is to keep a separate current account in the Patients Trust Fund in respect of each patient.
(3)  Money standing to the credit of a patient’s account may be withdrawn by the patient for any purpose which, in the opinion of the responsible person, is for the benefit, use or enjoyment of the patient.

246   Withdrawals from patients’ accounts

(1)  If, in the opinion of the responsible person, a patient is incapable, through infirmity arising from disease or age or other reason, of withdrawing and safeguarding money from the patient’s account, the responsible person may authorise the withdrawal of such sum from the patient’s account as the responsible person considers necessary for the purchase of goods and services for the benefit, use or enjoyment of the patient.
(2)  A certificate, signed by 2 persons employed on the staff of a hospital, to the effect that the goods or services represented by the sum withdrawn under this section have been received by the patient for the benefit, use or enjoyment of the patient is evidence that the patient has received those goods or services and that they are for the benefit, use or enjoyment of the patient.

247   Discharge or death of patient

After the discharge or death of a patient the management of whose estate has been committed to the Protective Commissioner, the responsible person must pay to the Protective Commissioner any money standing to the credit of the patient in the patient’s account.

248   Patients’ accounts to form one fund

(1)  Subject to this Act, money standing to the credit of patients’ accounts in respect of public hospitals within the meaning of the Health Services Act 1997 are to constitute one fund.
(2)  The fund may be invested by the Director-General in accordance with and subject to the Trustee Act 1925 or in any other form of investment approved by the Treasurer.

249   Payments to and from Interest Account

(1)  There is to be paid into the Interest Account:
(a)  income from the investment of the fund constituted under section 248, and
(b)  any capital gain made on the realisation of the investment.
(2)  There is to be paid out of the Interest Account:
(a)  any loss incurred on the realisation of the investment of the fund constituted under section 248, and
(b)  at such time or times as the Director-General may determine, such management fees of the Director-General as the Director-General may determine.

250   Distribution of Interest Account

The Director-General must, at least once a year, after making the payments referred to in section 249 (2), distribute the funds of the Interest Account by crediting those funds to each patient’s account proportionately according to:
(a)  the amount standing to the credit of the patient’s account during the period for which that amount was invested, and
(b)  the period for which that amount was so invested, being the period commencing on the date of investment or the date of the last preceding distribution, whichever is the later, and ending on the date of distribution.

251   Patients Amenities Account

(1)  There is to be paid into the Patients Amenities Account:
(a)  such amounts as are received by the responsible person for the purpose of providing goods, services or amenities for the benefit, use or enjoyment of the patients of the hospital generally, and
(b)  such amounts, or amounts of such class or description of amounts, as may be prescribed.
(2)  There may be paid out of the Patients Amenities Account, for the purpose referred to in subsection (1) (a), such amounts as may be determined by the responsible person.
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