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Mental Health (Scotland) Act 1984

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This is the original version (as it was originally enacted).

57Discharge and variation of orders under s. 56

(1)An order made under section 56 of this Act in respect of a patient may be discharged by the sheriff upon application made—

(a)by the person having the functions of the nearest relative of the patient by virtue of the order;

(b)by the nearest relative of the patient.

(2)An order made under the said section 56 in respect of a patient may be varied by the sheriff, on the application of the person having the functions of the nearest relative by virtue of the order or on the application of a mental health officer, by substituting for the first-mentioned person a local authority or any other person who, in the opinion of the sheriff, is a proper person to exercise those functions, being an authority or person who is willing to do so.

(3)If the person having the functions of the nearest relative of a patient by virtue of an order under the said section 56 dies, the foregoing provisions of this section shall apply as if for any reference to that person there were substituted a reference to any relative of the patient, and until the order is discharged or varied under those provisions the functions of the nearest relative under this Part of this Act shall not be exercisable by any person.

(4)An order under the said section 56 shall, unless previously discharged under subsection (1) of this section, cease to have effect—

(a)if the patient was on the date of the order liable to be detained in pursuance of an application for admission or subject to guardianship under this Part of this Act, or becomes so liable or so subject within the period of 3 months beginning with that date, when he ceases to be so liable or so subject (otherwise than on being transferred in pursuance of sections 29 or 45 of this Act);

(b)if the patient was not on the date of the order and has not within the said period become so liable or so subject, at the expiration of that period.

(5)The discharge or variation under this section of an order made under the said section 56 shall not affect the validity of anything previously done in pursuance of the order.

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