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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

14Definition of relative and nearest relative

(1)Section 49 of the principal Act (definition of relative and nearest relative) shall be amended as follows.

(2)In subsection (1) for paragraphs (c) and (d) there shall be substituted—

(c)father or mother ;.

(3)After subsection (3) there shall be inserted—

(3A)Subject to the provisions of this section and to the following provisions of this Part of this Act, where the patient ordinarily resides with or is cared for by one or more of his relatives (or, if he is for the time being an inpatient in a hospital, he last ordinarily resided with or was cared for by one or more of his relatives) his nearest relative shall be determined—

(a)by giving preference to that relative or those relatives over the other or others ; and

(b)as between two or more such relatives, in accordance with subsection (3) of this section.

(4)In subsection (4) after the words " subsection (3)" there shall be inserted the words

or (3A)and for paragraph (a) there shall be substituted—

(a)in the case of a patient ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man, is not so resident; or.

(5)After subsection (6) there shall be inserted—

(7)A person, other than a relative, with whom the patient ordinarily resides (or, if the patient is for the time being an in-patient in a hospital, last ordinarily resided before he was admitted), and with whom he has or had been ordinarily residing for a period of not less than five years, shall be treated for the purposes of this Part of this Act as if he were a relative but—

(a)shall be treated for the purposes of subsection (3) of this section as if mentioned last in subsection (1) of this section ; and

(b)shall not be treated by virtue of this subsection as the nearest relative of a married patient unless the husband or wife of the patient is disregarded by virtue of paragraph (b) of subsection (4) of this section.

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