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:(b) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968, | :(b) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968, | ||
the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife [or civil partner]<ref name="MHA">[[Mental Health Act 2007]]; [[Mental Health Act 2007 (Commencement No. 3) Order 2007]] wef 1/12/07</ref> (if any). | the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife [or civil partner]<ref name="MHA">[[Mental Health Act 2007]] s26; [[Mental Health Act 2007 (Commencement No. 3) Order 2007]] wef 1/12/07</ref> (if any). | ||
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Latest revision as of 22:54, 5 August 2015
Children and young persons in care
27.[1] Where—
- (a) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or
- (b) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968,
the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife [or civil partner][2] (if any).
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