Mental Treatment Act, 1945

Non-application of Part VIII in certain cases.

64.—(1) Where a person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority was, immediately before such commencement, subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909—

(a) this Part of this Act (with the exception of this sub-section) shall not apply to such person, and

(b) such person shall continue to be subject to the said provisions repealed by the Act of 1909.

(2) A person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority and who, immediately before such commencement, was not a person subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909 may, not later than six months after the commencement of this Part of this Act, signify in writing to the authority that he does not wish to avail himself of the provisions of this Part of this Act, and thereupon—

(a) this Part of this Act (with the exception of this sub-section) shall not apply and shall be deemed never to have applied to such person, and

(b) such person shall, with effect as from the commencement of this Part of this Act, continue to be subject to the same enactments relating to superannuation and like matters as he was subject to immediately before such commencement, subject to the modification that, in any application to him of section 16 of the Act of 1909, the word “three” shall be substituted for the word “ten” in both places where the latter word occurs in the said section 16.