Change 1 Article Choose an article Title and introductory text 1 Application of Act: “mental disorder”. 2 Admission for assessment. 3 Admission for treatment. 4 Admission for assessment in cases of emergency. 5 Application in respect of patient already in hospital. 6 Effect of application for admission. 7 Application for guardianship. 8 Effect of guardianship application, etc. 9 Regulations as to guardianship. 10 Transfer of guardianship in case of death, incapacity, etc., of guardian. 11 General provisions as to applications. 12 General provisions as to medical recommendations. 12ZA Agreement for exercise of approval function: England 12ZB Requirement to exercise approval functions: England 12ZC Provision of information for the purposes of section 12ZA or 12ZB 12A Conflicts of interest 13 Duty of approved mental health professionals to make applications for admission or guardianship. 14 15 Rectification of applications and recommendations. 16 Reclassification of patients. 17 Leave of absence from hospital. 17A Community treatment orders 17B Conditions 17C Duration of community treatment order 17D Effect of community treatment order 17E Power to recall to hospital 17F Powers in respect of recalled patients 17G Effect of revoking community treatment order 18 Return and readmission of patients absent without leave. 19 Regulations as to transfer of patients. 19A Regulations as to assignment of responsibility for community patients 20 Duration of authority. 20A Community treatment period 20B Effect of expiry of community treatment order 21 Special provisions as to patients absent without leave. 21A Patients who are taken into custody or return within 28 days. 21B Patients who are taken into custody or return after more than 28 days. 22 Special provisions as to patients sentenced to imprisonment, etc. 23 Discharge of patients. 24 Visiting and examination of patients. 25 Restrictions on discharge by nearest relative. 25A Application for supervision. 25B Making of supervision application. 25C Supervision applications: supplementary. 25D Requirements to secure receipt of after-care under supervision. 25E Review of after-care under supervision etc. 25F Reclassification of patient subject to after-care under supervision. 25G Duration and renewal of after-care under supervision. 25H Ending of after-care under supervision. 25I Special provisions as to patients sentenced to imprisonment etc. 25J Patients moving from Scotland to England and Wales. 26 Definition of “relative” and “nearest relative”. 27 Children and young persons in care. 28 Nearest relative of minor under guardianship, etc. 29 Appointment by court of acting nearest relative. 30 Discharge and variation of orders under s. 29. 31 Procedure on applications to county court. 32 Regulations for purposes of Part II. 33 Special provisions as to wards of court. 34 Interpretation of Part II. 35 Remand to hospital for report on accused’s mental condition. 36 Remand of accused person to hospital for treatment. 37 Powers of courts to order hospital admission or guardianship. 38 Interim hospital orders. 39 Information as to hospitals. 39A Information to facilitate guardianship orders. 40 Effect of hospital orders, guardianship orders and interim hospital orders. 41 Power of higher courts to restrict discharge from hospital. 42 Powers of Secretary of State in respect of patients subject to restriction orders. 43 Power of magistrates’ courts to commit for restriction order. 44 Committal to hospital under s. 43. 45 Appeals from magistrates’ courts. 45A Power of higher courts to direct hospital admission. 45B Effect of hospital and limitation directions. 46 Persons ordered to be kept in custody during Her Majesty’s pleasure. 47 Removal to hospital of persons serving sentences of imprisonment, etc. 48 Removal to hospital of other prisoners. 49 Restriction on discharge of prisoners removed to hospital. 50 Further provisions as to prisoners under sentence. 51 Further provisions as to detained persons. 52 Further provisions as to persons remanded by magistrates’ courts. 53 Further provisions as to civil prisoners and persons detained under the Immigration Acts. 54 Requirements as to medical evidence. 54A Reduction of period for making hospital orders. 55 Interpretation of Part III. 56 Patients to whom Part IV applies. 57 Treatment requiring consent and a second opinion. 58 Treatment requiring consent or a second opinion. 58A Electro-convulsive therapy, etc. 59 Plans of treatment. 60 Withdrawal of consent. 61 Review of treatment. 62 Urgent treatment. 62A Treatment on recall of community patient or revocation of order 63 Treatment not requiring consent. 64 Supplementary provisions for Part IV. 64A Meaning of “relevant treatment” 64B Adult community patients 64C Section 64B: supplemental 64D Adult community patients lacking capacity 64E Child community patients 64F Child community patients lacking competence 64FA Withdrawal of consent 64G Emergency treatment for patients lacking capacity or competence 64H Certificates: supplementary provisions 64I Liability for negligence 64J Factors to be considered in determining whether patient objects to treatment 64K Interpretation of Part 4A 65 Mental Health Review Tribunal for Wales. 66 Applications to tribunals. 67 References to tribunals by Secretary of State concerning Part II patients. 68 Duty of managers of hospitals to refer cases to tribunal. 68A Power to reduce periods under section 68 69 Applications to tribunals concerning patients subject to hospital and guardianship orders. 70 Applications to tribunals concerning restricted patients. 71 References by Secretary of State concerning restricted patients. 72 Powers of tribunals. 73 Power to discharge restricted patients. 74 Restricted patients subject to restriction directions. 75 Applications and references concerning conditionally discharged restricted patients. 76 Visiting and examination of patients. 77 General provisions concerning tribunal applications. 78 Procedure of Mental Health Review Tribunal for Wales. 78A Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal 79 Interpretation of Part V. 80 Removal of patients to Scotland. 80ZA Transfer of responsibility for community patients to Scotland 80A Transfer of responsibility for conditionally discharged patients to Scotland 80B Removal of detained patients from Scotland 80C Removal of patients subject to compulsion in the community from Scotland 80D Transfer of conditionally discharged patients from Scotland 81 Removal of patients to Northern Ireland. 81ZA Removal of community patients to Northern Ireland 81A Transfer of responsibility for patients to Northern Ireland. 82 Removal to England and Wales of patients from Northern Ireland. 82A Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland 83 Removal of patients to Channel Islands or Isle of Man. 83ZA Removal or transfer of community patients to Channel Islands or Isle of Man 83A Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man 84 Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man. 85 Patients removed from Channel Islands or Isle of Man. 85ZA Responsibility for community patients transferred from Channel Islands or Isle of Man 85A Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man 86 Removal of alien patients. 87 Patients absent from hospitals in Northern Ireland. 88 Patients absent from hospitals in England and Wales. 89 Patients absent from hospitals in the Channel Islands or Isle of Man. 90 Regulations for purposes of Part VI. 91 General provisions as to patients removed from England and Wales. 92 Interpretation of Part VI. 93 Judicial authorities and Court of Protection. 94 Exercise of the judge’s functions: “the patient”. 95 General functions of the judge with respect to property and affairs of patient. 96 Powers of the judge as to patient’s property and affairs. 97 Supplementary provisions as to wills executed under s. 96. 98 Judge’s powers in cases of emergency. 99 Power to appoint receiver. 100 Vesting of stock in curator appointed outside England and Wales. 101 Preservation of interests in patient’s property. 102 Lord Chancellor’s Visitors. 103 Functions of Visitors. 104 General powers of the judge with respect to proceedings. 105 Appeals. 106 Rules of procedure. 107 Security and accounts. 108 General provisions as to rules under Part VII. 109 Effect and proof of orders, etc. 110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers. 111 Construction of references in other Acts to judge or authority having jurisdiction under Part VII. 112 Interpretation of Part VII. 113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge. 114 Approval by local social services authority. 114ZA Approval of courses: England 114A Approval of courses: Wales 115 Powers of entry and inspection. 116 Welfare of certain hospital patients. 117 After-care. 117A After-care: preference for particular accommodation 117B After-care: exception for provision of nursing care 118 Code of practice. 119 Practitioners approved for Part IV and s. 118. 120 General protection of relevant patients. 120A Investigation reports 120B Action statements 120C Provision of information 120D Annual reports 121 Mental Health Act Commission. 122 Provision of pocket money for in-patients in hospital. 123 Transfers to and from special hospitals. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Inquiries. 126 Forgery, false statements, etc. 127 Ill-treatment of patients. 128 Assisting patients to absent themselves without leave, etc. 129 Obstruction. 130 Prosecutions by local authorities. 130A Independent mental health advocates: England 130B Arrangements under section 130A 130C Section 130A: supplemental 130D Duty to give information about independent mental health advocates 130E Independent mental health advocates: Wales 130F Arrangements under section 130E for Welsh qualifying compulsory patients 130G Arrangements under section 130E for Welsh qualifying informal patients 130H Independent mental health advocates for Wales: supplementary powers and duties 130I Welsh qualifying compulsory patients 130J Welsh qualifying informal patients 130K Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients 130L Duty to give information about independent mental health advocates to Welsh qualifying informal patients 131 Informal admission of patients. 131A Accommodation, etc. for children 132 Duty of managers of hospitals to give information to detained patients. 132A Duty of managers of hospitals to give information to community patients 133 Duty of managers of hospitals to inform nearest relatives of discharge. 134 Correspondence of patients. 134A Review of decisions to withhold correspondence 135 Warrant to search for and remove patients. 136 Removal etc of mentally disordered persons without a warrant 136A Use of police stations as places of safety 136B Extension of detention 136C Protective searches 137 Provisions as to custody, conveyance and detention. 138 Retaking of patients escaping from custody. 139 Protection for acts done in pursuance of this Act. 140 Notification of hospitals having arrangements for special cases. 141 Members of Parliament suffering from mental illness. 142 Pay, pensions, etc., of mentally disordered persons. 142A Regulations as to approvals in relation to England and Wales 142B Delegation of powers of managers of NHS foundation trusts 142C Human Rights Act 1998: extension to certain private care providers 143 General provisions as to regulations, orders and rules. 144 Power to amend local Acts. 145 Interpretation. 146 Application to Scotland. 147 Application to Northern Ireland. 148 Consequential and transitional provisions and repeals. 149 Short title, commencement and application to Scilly Isles. SCHEDULE 1 Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders SCHEDULE 2 Mental Health Review Tribunal for Wales SCHEDULE 3 SCHEDULE 4 Consequential Amendments SCHEDULE 5 Transitional and Saving Provisions SCHEDULE 6 Repeals
What to do with it
As published
28 Nearest relative of minor under guardianship, etc.
(1) Where—
(a) a guardian has been appointed for a person who has not attained the age of eighteen years; or
(b) a person is named in a child arrangements order (as defined by section 8 of the Children Act 1989) as a person with whom a person who has not attained the age of eighteen years is to live,
the guardian (or guardians, where there is more than one) or the person so named (or the persons so named, where there is more than one) shall, to the exclusion of any other person, be deemed to be his nearest relative.
(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 does not include a guardian under this Part of this Act.
(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.
Your wording
Your change, as a redline
28 Nearest relative of minor under guardianship, etc.
(1) Where—
(a) a guardian has been appointed for a person who has not attained the age of eighteen years; or
(b) a person is named in a child arrangements order (as defined by section 8 of the Children Act 1989) as a person with whom a person who has not attained the age of eighteen years is to live,
the guardian (or guardians, where there is more than one) or the person so named (or the persons so named, where there is more than one) shall, to the exclusion of any other person, be deemed to be his nearest relative.
(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 does not include a guardian under this Part of this Act.
(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.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.