Part 17

Patient representation etc.
Chapter 1

Named person

Meaning of “named person”

Meaning of “nearest relative”
254
1
In this Act, “nearest relative”, in relation to a person (the “relevant person”), means—
a
subject to subsection (3) below, in a case where only one person falls within the list set out in subsection (2) below, that person;
b
subject to subsections (3) and (4) below, in a case where two or more persons fall within that list, the person falling within the paragraph first appearing in the list set out in subsection (2) below.
2
The list mentioned in subsection (1) above is—
a
the relevant person’s spouse;or civil partner
b
a person such as is mentioned in subsection (7) below;
c
the relevant person’s child;
d
the relevant person’s parent;
e
the relevant person’s brother or sister;
f
the relevant person’s grandparent;
g
the relevant person’s grandchild;
h
the relevant person’s uncle or aunt;
i
the relevant person’s niece or nephew;
j
the person mentioned in subsection (8) below.
3
If the relevant person’s spouse or civil partner—
a
is permanently separated (either by agreement or under an order of a court) from the relevant person; or
b
has deserted, or has been deserted by, the relevant person and the desertion continues,
subsection (2)(a) above shall be disregarded for the purposes of subsection (1) above.
4
Where two or more persons fall within the paragraph first appearing on the list set out in subsection (2) above, the nearest relative shall be—
a
if those persons agree that one of them should be the nearest relative, that person; or
b
if those persons do not so agree, the person determined in accordance with the following rules—
i
brothers and sisters of the whole blood shall be preferred over brothers and sisters of the half-blood; and
ii
the elder or eldest, as the case may be, shall be preferred.
5
A relevant person’s nearest relative may decline to be the named person of the relevant person by giving notice to—
a
the relevant person; and
b
the local authority for the area in which the relevant person resides,
to that effect.
6
For the purposes of subsection (2) above—
a
a relationship of the half-blood shall, subject to subsection (4)(b)(i) above, be treated as a relationship of the whole blood;
b
the stepchild of a person shall be treated as the child of that person;
c
if the relevant person is ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man, any person who is not so resident shall be disregarded; and
d
any person who is under 16 years of age shall be disregarded.
7
The person referred to in subsection (2)(b) above is a person who—
a
is living with the relevant person—
i
as husband and wife; or
ii
in a relationship which has the characteristics of the relationship between civil partners; and
b
has been living with the relevant person for a period of at least 6 months or, if the relevant person is for the time being in hospital or in a care home service, had been living with the relevant person for such period when the relevant person was admitted to hospital or to a care home service.
8
The person referred to in subsection (2)(j) above is a person who—
a
is living with the relevant person and has been living with the relevant person for a period of at least 5 years; or
b
if the relevant person is in hospital or in a care home service, had been living with the relevant person for such period when the relevant person was admitted to hospital or to a care home service.
Words in s. 254(7)(b) inserted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(21)(a)(i)
Words in s. 254(7)(b) inserted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(21)(a)(ii)
Words in s. 254(8)(b) inserted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(21)(b)(i)
Words in s. 254(8)(b) inserted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(21)(b)(ii)
S. 254 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
Words in s. 254(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 69(2); S.S.I. 2005/604, art. 2(c)
Words in s. 254(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 69(3); S.S.I. 2005/604, art. 2(c)
Words in s. 254(7)(a)(ii) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 69(4); S.S.I. 2005/604, art. 2(c)