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The Mental Health (Northern Ireland) Order 1986, Section 34 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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34.—[F1(1) Where—
(a)a guardian has been appointed for a person who has not attained the age of 18 years; or
(b)a residence order (as defined by Article 8 of the Children (Northern Ireland) Order 1995) is in force with respect to such a person,
the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative.]
(2) Article 32(4) shall apply in relation to a person who is, or who is one of the persons, deemed to be the nearest relative of a patient by virtue of this Article, as it applies in relation to a person who would be the nearest relative under paragraph (3) of that Article.
[F1(3) In this Article "guardian" does not include a guardian under this Part.]
Para. (4) rep. by 1995 NI 2
Modifications etc. (not altering text)
C1Art. 34 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(dd), 4
C2Art. 34 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(u), 4
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