23.—(1) Article 37 (discharge and variation of orders under Article 36) is amended as follows.
(2) In paragraph (1)—
(a)after “application made—” insert—
“(za)by the patient;”;
(b)in sub-paragraph (b) for “or (b)” substitute “, (b) or (e)”.
(3) After paragraph (1) insert—
“(1A) But in the case of an order made on the ground specified in Article 36(3)(e), an application may not be made under paragraph (1)(b) by the person who was the nearest relative of the patient when the order was made except with the leave of the county court.”.
(4) In paragraph (2)—
(a)after “or on the application of” insert “the patient or of”;
(b)for the words from “for the first-mentioned person” to the end substitute
“for the person having those functions another person (other than the patient) who—
(a)in the opinion of the court is a proper person to exercise those functions; and
(b)is willing to do so.”.
(5) In paragraph (4) omit—
(a)“or subject to guardianship”;
(b)the second, third and fourth “or subject”.