Mental Health Act 1983 (as amended)
Edit/add commentary Law as at 19/11/11
Part II contents
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12A, 13, 14, 15, 16, 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18, 19, 19A, 20, 20A, 20B, 21, 21A, 21B, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34
All Parts
I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules
Overview of the MHA 1983 Plain text for printing Statute Law Database
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Nearest relative of minor under guardianship, etc.
28.—[(1) Where—
the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative.][1]
(2) Subsection (5) of section 26 above shall apply in relation to a person who is, or who is one of the persons, deemed to be the nearest relative of a patient by virtue of this section as it applies in relation to a person who would be the nearest relative under subsection (3) of that section.
[(3) In this section "guardian" [includes a special guardian (within the meaning of the Children Act 1989), but][2] does not include a guardian under this Part of this Act.][1]
(4) In this section "court" includes a court in Scotland or Northern Ireland, and "enactment" includes an enactment of the Parliament of Northern Ireland, a Measure of the Northern Ireland Assembly and an Order in Council under Schedule 1 of the Northern Ireland Act 1974.
Amendments