25.—(1) If any person[F1 (other than a Board or an authorised [F2HSC trust])] having the guardianship of a patient received into guardianship under this Part—
(a)dies; or
(b)gives notice in writing to the responsible[F1 authority] that he desires to relinquish the functions of guardian,
the guardianship of the patient shall thereupon vest in the responsible[F1 authority], but without prejudice to any power to transfer the patient into the guardianship of another person by virtue of Article 28.
(2) If any such person, not having given notice under paragraph (1)(b), is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the responsible[F1 authority] or by any other person approved for the purpose by that[F1 authority].
(3) If it appears to a county court, upon application made by an officer of the responsible[F1 authority], that any person[F1 (other than a Board or an authorised [F2HSC trust])] having the guardianship of a patient received into guardianship under this Part has performed his functions negligently or in a manner contrary to the interests of the welfare of the patient, the court may order that the guardianship of the patient be transferred to the responsible[F1 authority] or to any other person approved for the purpose by that[F1 authority].
(4) Where the guardianship of a patient is transferred to[F1 the responsible authority or any] other person by or under this Article, Article 28(6) shall apply as if the patient had been transferred into the guardianship of that[F1 authority] or person by virtue of that Article.
(5) The responsible[F1 authority] shall immediately notify [F3RQIA] of the transfer of guardianship of a patient by or under this Article.
F2Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F3Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2