24.—(1) Subject to the following provisions of this Article, a patient who is for the time being subject to guardianship under this Part shall cease to be so subject if an order in writing discharging him from guardianship is made in respect of him by the responsible medical officer, an authorised social worker or his nearest relative.
(2) The responsible medical officer shall make an order under paragraph (1) in respect of a patient subject to guardianship under this Part where he is satisfied that the patient is not suffering from mental illness or severe mental handicap of a nature or degree which warrants his remaining under guardianship.
(3) An authorised social worker shall make an order under paragraph (1) in respect of a patient subject to guardianship under this Part where he is satisfied that it is not necessary in the interests of the welfare of the patient that he should remain under guardianship.
(4) An order under paragraph (1) in respect of a patient subject to guardianship under this Part shall not be made by his nearest relative except after giving not less than 72 hours' notice in writing to the responsible[F1 authority]; and if, within 72 hours after such notice has been given—
(a)the responsible medical officer furnishes to the responsible[F1 authority] a report in writing that the ground set out in Article 18(2)(a) continues to apply in relation to the patient; and
(b)an authorised social worker furnishes to the responsible[F1 authority] a report in writing that the ground set out in Article 18(2)(b) continues to apply in relation to the patient,
then—
(i)any order under paragraph (1) made by that relative in pursuance of the notice shall be of no effect; and
(ii)a further order for the discharge of the patient shall not be made by that relative during the period of 6 months beginning with the date of the later of the two reports.
(5) Where, but for this paragraph, a Sunday or any part thereof would be reckoned in the period of 72 hours referred to in paragraph (4), for the references in that paragraph to 72 hours there shall be substituted references to 96 hours.
(6) For the purpose of advising as to the exercise by the nearest relative of a patient who is subject to guardianship under this Part of any power to order his discharge, any medical practitioner authorised by or on behalf of the nearest relative of the patient may at any reasonable time visit the patient and examine him in private.
(7) Where reports are furnished under both sub-paragraph (a) and sub-paragraph (b) of paragraph (4) in respect of a patient, the responsible[F1 authority] shall immediately—
(a)inform the nearest relative of the patient; and
(b)forward a copy of each report to [F2RQIA] .
(8) Where a patient is discharged from guardianship under this Article the responsible[F1 authority] shall immediately inform [F2RQIA] and, in the case of a person subject to the guardianship of a person other than the[F1 authority], the guardian to that effect.
(9) In this Article “authorised social worker” means an approved social worker authorised for the purposes of this Article by the responsible[F1 authority].
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. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2