MHA 1983 s28

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part II contents

2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12ZA, 12ZB, 12ZC, 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

Mental Health Act 2007

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See also

[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]

  • Reference Guide to the Mental Health Act 1983, 33. Nearest relatives [Note that the chapter number relates to the old Reference Guide], 36. Special provisions in relation to children and young people [Note that the chapter number relates to the old Reference Guide] — paragraphs 33.23 to 33.25 (also 36.17 to 36.19)


Nearest relative of minor under guardianship, etc.

28.—[(1) Where—

(a) a guardian has been appointed for a person who has not attained the age of eighteen years; or
(b) a residence order (as defined by section 8 of the Children Act 1989) is in force with respect to such a person,

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.