Children (Scotland) Act 1995

33 (1) The Mental Health (Scotland) Act 1984 shall be amended in accordance with this paragraph.

(2) In section 10(1) (application of provisions relating to certain patients suffering from mental disorder)—

(a) in paragraph (a), sub-paragraph (i), and the word “or” immediately following that sub-paragraph, shall cease to have effect; and

(b) after paragraph (a) insert—

“(aa) a child or young person in relation to whom parental rights and responsibilities have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;”.

(3) In section 54 (local authority to be deemed nearest relative of certain children and young persons), for paragraph (a) substitute—

“(a) the parental rights and responsibilities in relation to a patient who is a child or young person have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;”.

(4) In section 55 (nearest relative of child under guardianship etc.)—

(a) for subsection (1) substitute—

“(1) Where—

(a) a guardian has been appointed for a child who has not attained the age of eighteen years; or

(b) there is in force a residence order, or a custody order, granted by a court in the United Kingdom, or an analogous order granted by a court outwith the United Kingdom (being an order which is entitled to recognition in Scotland), identifying a person as the person with whom a child under the age of sixteen years is to live,

that guardian or person shall, to the exclusion of any other person, be deemed to be the child’s nearest relative.”;

(b) for subsection (3) substitute—

“(3) In this section “guardian” does not include a guardian under this Part of this Act or, in relation to a child, a guardian whose appointment takes effect under section 7, or on an order under section 11(1), of the Children (Scotland) Act 1995 where there is a parent who has parental responsibilities and parental rights in relation to the child.”; and

(c) subsection (4) shall cease to have effect.