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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

Patient’s declaration

3(1)A voluntary mental patient may make a declaration under this paragraph (a " patient's declaration") if he is able to do so without assistance.

(2)A patient's declaration shall be made with a view to registration in the register of electors for a particular year and with reference to the qualifying date for that register.

(3)A patient's declaration shall be made during the twelve months ending with the qualifying date by reference to which it is made but shall not have effect if after it is made and before that date the declarant ceases to be a voluntary mental patient or cancels the declaration.

(4)A patient's declaration may be made by a declarant notwithstanding the fact that by reason of his age he is not yet entitled to vote.

(5)A patient's declaration shall state that it was made by the declarant without assistance and—

(a)the date of the declaration ;

(b)that on that date and, unless it is the qualifying date, on the qualifying date next following the declarant is or will be a voluntary mental patient;

(c)the address of the mental hospital in which the declarant is a voluntary mental patient;

(d)the address where the declarant would be resident in the United Kingdom if he were not a voluntary mental patient or, if he cannot give any such address, an address (other than a mental hospital) at which he has resided in the United Kingdom ;

(e)that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland; and

(f)whether the declarant had on the date of the declaration attained the age of eighteen years and, if he had not, the date of his birth.

(6)A patient's declaration shall be attested in the prescribed manner.

(7)If a person makes a patient's declaration declaring to more than one address, or makes more than one patient's declaration bearing the same date and declaring to different addresses, the declaration or declarations shall be void.

(8)A patient's declaration may at any time be cancelled by the declarant and, subject to sub-paragraph (7) above, a patient's declaration bearing a later date shall, without any express cancellation, cancel a declaration bearing an earlier date if it is made with reference to the same qualifying date.

(9)In this paragraph " assistance " does not include assistance necessitated by blindness or other physical incapacity.

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