S.I. No. 304/1947 - Mental Treatment Act, 1945 (Section 234) (Post Office Savings Bank) Regulations, 1947.


STATUTORY RULES AND ORDERS. 1947. No. 304.

MENTAL TREATMENT ACT, 1945 (SECTION 234) (POST OFFICE SAVINGS BANK) REGULATIONS, 1947.

The Minister for Finance, in exercise of the power conferred on him by section 234 of the Mental Treatment Act, 1945 (No. 19 of 1945), hereby makes the following regulations :—

1. These Regulations may be cited as the Mental Treatment Act, 1945 (Section 234) (Post Office Savings Bank) Regulations, 1947.

2. In these Regulations, the expression " the Minister " means the Minister for Posts and Telegraphs.

3.—(1) Where a mental hospital authority wish to withdraw in pursuance of section 234 of the Mental Treatment Act, 1945 (No. 19 of 1945), any money in the Post Office Savings Bank, a claim in that behalf may be made to the Minister by an officer authorised by the authority to make claims under this Article.

(2) A claim under this Article shall—

(a) be made in such form as the Minister may direct and contain the particulars indicated in that form, and

(b) be accompanied by the deposit book issued by the Post Office Savings Bank in respect of the money to which the claim relates.

4. Where a claim is made under these Regulations, the Minister may call for proof of any matter arising in connection with the claim and, in particular, of all or any of the following matters :

(a) where the person by reference to whom the claim is made is alive, that he is the depositor in the Post Office Savings Bank account to which the deposit book accompanying the claim relates,

(b) where the person by reference to whom the claim is made is dead—

(i) the fact and date of his death, and

(ii) that he was the depositor in the Post Office Savings Bank account to which the deposit book accompanying the claim relates,

(c) that the officer by whom the claim is made is authorised to make the claim.

5.—(1) After consideration of a claim made under these Regulations on behalf of a mental hospital authority, the Minister may pay to the authority in or towards the discharge of the claim any money repayable out of the relevant Post Office Savings Bank account.

(2) The receipt of the mental hospital authority to whom a payment is made under this Article shall be a good discharge to the Minister for the payment so made and the Minister shall not be liable for any misapplication of the money so paid.

(3) Notwithstanding anything in the Post Office Savings Bank Regulations, 1921, the Minister may, on the death of a depositor in the Post Office Savings Bank who has made under those Regulations a nomination in relation to his Post Office Savings Bank account, apply the amount nominated or any part thereof in accordance with paragraph (1) of this Article irrespective of the value of the estate of the depositor, apart from the amount nominated.

GIVEN under the Official Seal of the Minister for Finance, this 2nd day of September, 1947.

(Signed) J. J. MCELLIGOTT.