50For section 54 of the Mental Health (Scotland) Act 1984 (children and young persons in care of local authority) there shall be substituted the following section—
Where—
(a)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; or
(b)a patient who is a child or young person is in the care of a local authority by virtue of a care order made under the Children Act 1989,
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).”