Summary proceedings, England (Mental Deficiency Act, Provisional Rules) : copy of provisional rules made by the Lord Chancellor in pursuance of Section 29 of the Summary Jurisdiction Act, 1879, and Section 44(5) of the Mental Deficiency Act, 1913 : (presented pursuant to Act 42 & 43 Vic., c. 49, s. 29(3)).

Date:
1914
Catalogue details

Licence: In copyright

Credit: Summary proceedings, England (Mental Deficiency Act, Provisional Rules) : copy of provisional rules made by the Lord Chancellor in pursuance of Section 29 of the Summary Jurisdiction Act, 1879, and Section 44(5) of the Mental Deficiency Act, 1913 : (presented pursuant to Act 42 & 43 Vic., c. 49, s. 29(3)). Source: Wellcome Collection.

Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.

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    SUMMARY PROCEEDINGS, ENGLAND. The Summary Jurisdiction (Mental Deficiency Act), Pro- visional Rules, 1914, dated March 20th, 1914. Procedure to determine place of residence. Application for transfer of liability. Notice to Council before an order for determining place of residence or transfer of liability. Forms. Title. I hereby certify in pursuance of Section 2 of the Rules Publi- cation Act, 1893, that on account of urgency the following Rules should come into immediate operation, and in pursuance of the powers conferred on me by Section 29 of the Summary Juris- diction Act, 1879, and Section 44 (5) of the Mental Deficiency Act, 1913, I hereby make the following Rules to come into operation forthwith as Provisional Rules : — Rule 1.—Whenever a Court of Summary Jurisdiction has to determine the place of residence of a defective, it shall have the same powers as in the case of a complaint upon which an order can be made under the Summary Jurisdiction Acts, and the Summary Jurisdiction Acts shall apply to such proceedings accordingly. Rule 2.—The Petty-Sessional Court to which a Council aggrieved by a decision as to the place of residence of any person, may apply for a transfer of the liability for the cost of the con- veyance, reception and maintenance of such person shall, where the decision was given by a Judicial Authority or a Court of Summary Jurisdiction, be a Petty-Sessional Court acting in and for the place in which the decision was given, and in the case of an order made by the Secretary of State, shall be a Petty-Sessional Court having jurisdiction within the area of the aggrieved Council. Rule 3.—No order determining the place of residence of a defective or for the transfer of liability shall be made unless a summons has been served at least five days before the hearing thereof upon the Council which by virtue of the Order will be responsible for the cost of the conveyance, reception and main- tenance of the defective. Rule 4.—The forms in Schedule A, or forms to the like effect, may be used with such variations as circumstances may require for the purposes of the Mental Deficiency Act, 1913. Rule 5.—These Rules may be cited as the Summary Jurisdiction (Mental Deficiency Act) Provisional Rules, 1914. Dated the 20th day of March, 1914. (Sd.) Haldane, Lord Chancellor. (50821—15.) Wt. 48610—19. 3000 & 90. 3/14. D & S. G. 10.