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Mental Health (Scotland) Act 1984
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Changes over time for: Section 40
Version Superseded: 01/04/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1995
Point in time - 01/04/2002- Amendment
- 05/10/2005- Amendment
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40 Approval of applications by the sheriff: guardianship.S
(1)A guardianship application shall be submitted to a sheriff of the sheriffdom—
(a)within which the patient is resident at the time when the application is submitted; or
(b)where the patient is a resident patient in a hospital at the time when the application is submitted, within which the hospital is situated,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 within 7 days of the last date on which the patient was examined for the purposes of any medical recommendation accompanying the application, together with a statement of the willingness to act of the guardian named in the application.
(2)Subject to the following provisions of this section and to section 113 of this Act, the sheriff, in considering [F2whether to approve] an application submitted to him under this section may make such inquiries and hear such persons (including the patient) as he thinks fit, and, where an application is the subject of objection by the nearest relative of the patient, shall afford that relative and any witness that relative may call an opportunity of being heard.
(3)The sheriff shall not withhold approval to an application so submitted without affording to the applicant and any witness the applicant may call an opportunity of being heard.
(4)Any proceedings under this section shall, where the patient or applicant so desires or the sheriff thinks fit, be conducted in private.
(5)Every such application shall, after it is approved by the sheriff, be forwarded to the local authority for the area in which the patient resides.
(6)The sheriff in the exercise of the functions conferred on him by this section shall have the like jurisdiction, and the like powers as regards the summoning and examination of witnesses, the administration of oaths, the awarding of expenses, and otherwise, as if he were acting in the exercise of his civil jurisdiction.
Textual Amendments
F1Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 51(2)(a)
F2Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 51(2)(b)
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