The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

Performance of functions of nearest relative

33.—(1) Subject to paragraph (8) and the conditions in paragraph (7), the nearest relative of a patient may authorise in writing any person other than—

(a) the patient; or

(b) a person mentioned in section 26(5) (persons deemed not to be the nearest relative),

to act on his or her behalf in respect of the matters mentioned in paragraph (2).

(2) Those matters are the performance in respect of the patient of the functions conferred upon the nearest relative under—

(a) Part 2 of the Act (as modified by Schedule 1 to the Act as the case may be); and

(b) section 66 (applications to tribunals).

(3) Such an authority confers upon the person authorised all the rights of the nearest relative that are reasonably necessary for and incidental to the performance of the functions referred to in paragraph (2) or are reasonably necessary to carry those functions into full effect.

(4) Any such authority takes effect upon receipt of the authority by the person authorised.

(5) Subject to the conditions in sub-paragraph (7)(b), the nearest relative of a patient may revoke such authority.

(6) Any revocation of such authority takes effect upon the receipt of the notice by the person authorised.

(7) The conditions mentioned in paragraphs (1) and (5) are, as relevant, that—

(a) the person to be authorised has given his or her consent; and

(b) on making or revoking such authority, the nearest relative must give notice in writing of that fact to—

(i) the person authorised;

(ii) the patient;

(iii) in the case of a patient liable to be detained in a hospital, the managers of that hospital;

(iv) in the case of a patient subject to guardianship, the responsible local social services authority and the private guardian, if any;

(v) in the case of a community patient, the managers of the responsible hospital.

(8) A nearest relative of a patient may not authorise any person under paragraph (1) to perform functions on his or her behalf in the event of any person having made an application to the court for displacement of that nearest relative under section 29 on the grounds listed in sub-paragraphs (b) to (e) of sub-section (3) of that section.

(9) An authorisation or notification referred to in this regulation may be transmitted by means of electronic communication if the recipient agrees.