Mental Health Act 1983

27Children and young persons in care of local authority

In any case where the rights and powers of a parent of a patient, being a child or young person, are vested in a local authority or other person by virtue of—

(a)section 3 of the [1980 c. 5.] Child Care Act 1980 (which relates to the assumption by a local authority of parental rights and duties in relation to a child in their care);

(b)section 10 of that Act (which relates to the powers and duties of local authorities with respect to persons committed to their care under the [1969 c. 54.] Children and Young Persons Act 1969); or

(c)section 17 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (which makes corresponding provision for Scotland),

that authority or person shall be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife (if any) and except, in a case where the said rights and powers are vested in a local authority by virtue of subsection (1) of the said section 3, any parent of the patient not being the person on whose account the resolution mentioned in that subsection was passed.