S27 text: Difference between revisions

Revision as of 17:58, 6 August 2006

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 (if any)."

Amendments

↑ Children Act 1989

[1] Children Act 1989

[1]

@@ Line 1: / Line 1: @@
-. In any case where the rights and powers of a parent of a patient, being a child or young person, are vested in a local authority or other person by virtue of—
+.<ref>[[Children Act 1989]]</ref> Where—
-:(a) section 3 of the Child Care Act 1980 (which relates to the assumption by a local authority of parental rights and duties in relation to a child in their care);
+:(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) section 10 of that Act (which relates to the powers and duties of local authorities with respect to persons committed to their care under the Children and Young Persons Act 1969); 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,
-:(c) section 17 of the Social Work (Scotland) Act 1968 (which makes correspotiding provision for Scotland),
+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 (if any)."
-that authority or person shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife (if any) and except, in a case where the said rights and powers are vested in a local authority by virtue of subsection (1) of the said section 3, any parent of the patient not being the person on whose account the resolution mentioned in that subsection was passed.
+=== Amendments ===
-{{mha-notice}}
+<references/>