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Mental Health Act 1983

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This is the original version (as it was originally enacted).

116Welfare of certain hospital patients

(1)Where a patient to whom this section applies is admitted to a hospital or nursing home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.

(2)This section applies to—

(a)a child or young person in respect of whom the rights and powers of a parent are vested in a local authority by virtue of—

(i)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),

(ii)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

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

(b)a person who is subject to the guardianship of a local social services authority under the provisions of this Act or the [1960 c. 61.] Mental Health (Scotland) Act 1960; or

(c)a person the functions of whose nearest relative under this Act or under the Mental Health (Scotland) Act 1960 are for the time being transferred to a local social services authority.

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