- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/02/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 14/10/1991
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Mental Health Act 1983, Section 28 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[X1(1)Where a patient who has not attained the age of 18 years—
(a)is, by virtue of an order made by a court in the exercise of jurisdiction (whether under any enactment or otherwise) in respect of the guardianship of minors [F1(including an order under section 38 of the M1Sexual Offences Act 1956)], or by virtue of a deed or will executed by his father or mother, under the guardianship of a person who is not his nearest relative under the foregoing provisions of this Act, or is under the joint guardianship of two persons of whom one is such a person; or
(b)is, by virtue of an order made by a court in the exercise of such jurisdiction or in matrimonial proceedings, or by virtue of a separation agreement between his father and mother, in the custody of any such person,
the person or persons having the guardianship or custody of the patient shall, to the exclusion of any other person, be deemed to be his nearest relative.]
[F2(1)Where—
(a)a guardian has been appointed for a person who has not attained the age of eighteen years; or
(b)a residence order (as defined by section 8 of the Children Act 1989) is in force with respect to such a person,
the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative.]
(2)Subsection (5) of section 26 above shall apply in relation to a person who is, or who is one of the persons, deemed to be the nearest relative of a patient by virtue of this section as it applies in relation to a person who would be the nearest relative under subsection (3) of that section.
[X2(3)A patient shall be treated for the purposes of this section as being in the custody of another person if he would be in that other person’s custody apart from section 8 above.]
[F3(3)In this section “guardian”does not include a guardian under this Part of this Act.]
(4)In this section “court” includes a court in Scotland or Northern Ireland, and “enactment” includes an enactment of the Parliament of Northern Ireland, a Measure of the Northern Ireland Assembly and an Order in Council under Schedule 1 of the M2Northern Ireland Act 1974.
Editorial Information
X1S. 28(1) beginning “Where— (a) a guardian has been appointed” substituted (prosp.) for s.28(1) beginning “Where a person who has not attained the ageof 18”by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 48(3)
X2S. 28(3) beginning “In this section “guardian”does not include” substituted (prosp. for s.28(3) beginning “a patient shall be treated for the purposes ofthis section” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 48(4)
Textual Amendments
F1Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15
F2S. 28(1) beginning “Where— (a) a guardian has been appointed” substituted (prosp.) for s.28(1) beginning “Where a person who has not attained the ageof 18”by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 48(3)
F3S. 28(3) beginning “In this section “guardian”does not include” substituted (prosp. for s.28(3) beginning “a patient shall be treated for the purposes ofthis section” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 48(4)
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