S27 text: Difference between revisions

Revision as of 16:58, 27 December 2007

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).

Amendments

↑ Children Act 1989
↑ Mental Health Act 2007; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/12/07

[CA-1] Children Act 1989

[MHA-2] Mental Health Act 2007; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/12/07

[1]

[2]

@@ Line 8: / Line 8: @@
 :(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).
+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).
-'''Amendments'''
-<references/>
-{{newmha}}
-N.B. The MHA 2007 amendments to s27 MHA 1983 take effect on 1/12/07: see [[Mental Health Act 2007 (Commencement No. 3) Order 2007]]
-'''Children and young persons in care'''
-.<ref name="CA">[[Children Act 1989]]</ref> 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]<ref name="MHA">[[Mental Health Act 2007]]</ref> (if any).
 {{amdts}}