Regulation 14

Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 (as amended)

N.B. These Regulations have been superseded: see Mental Health Regulations for details.


Regulations: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10A, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20

Schedules: 1, 2

Explanatory note


Performance of functions of nearest relative

14.—(1) Subject to the conditions of paragraph (2), the nearest relative of a patient may authorise in writing any person other than the patient or a person mentioned in section 26(5) (persons deemed not to be the nearest relative) to perform in respect of the patient the functions conferred upon the nearest relative by or under Part II of the Act or these regulations and may revoke such authority.

(2) The conditions mentioned in paragraph (1) are that, on making or revoking such authority, the nearest relative shall forthwith give the authority, or give notice in writing of the revocation of such authority, to—

(a) the person authorised;
(b) in the case of a patient liable to be detained in a hospital, the managers of that hospital;
(c) in the case of a patient subject to guardianship, the responsible local social services authority and to the private guardian, if any.

(3) Any such authority shall take effect upon receipt of the authority by the person authorised, and any revocation of such authority shall take effect upon the receipt of the notice by the person authorised.

(4) A person for the time being authorised in accordance with the preceding paragraphs shall exercise the functions mentioned in paragraph (1) on behalf of the nearest relative.