Part 1Amendments to Mental Health Act 1983

Chapter 3Safeguards for patients

Patient’s nearest relative

26Civil partners

1

Section 26 of the 1983 Act (definition of “relative” and “nearest relative”) is amended as set out in subsections (2) to (5).

2

In subsection (1)(a), after “wife” insert “or civil partner”.

3

In subsection (5)—

a

in paragraph (b) after “wife” insert “or civil partner”, and

b

in paragraph (c) after “wife,” insert “civil partner,”.

4

In subsection (6)—

a

for “and “wife” include a person who is living with the patient as the patient’s husband or wife” substitute “, “wife” and “civil partner” include a person who is living with the patient as the patient’s husband or wife or as if they were civil partners”, and

b

for “unless the husband or wife” substitute “or a patient in a civil partnership unless the husband, wife or civil partner”.

5

In subsection (7)(b), for “unless the husband or wife” substitute “or a patient in a civil partnership unless the husband, wife or civil partner”.

6

In section 27 of the 1983 Act (children and young persons in care), after “wife” insert “or civil partner”.