SCHEDULES

SCHEDULE 4 Minor and Consequential Amendments

Mental Health (Scotland) Act 1984 (c. 36)

I133

1

The Mental Health (Scotland) Act 1984 shall be amended in accordance with this paragraph.

2

In section 10(1) (application of provisions relating to certain patients suffering from mental disorder)—

a

in paragraph (a), sub-paragraph (i), and the word “or” immediately following that sub-paragraph, shall cease to have effect; and

b

after paragraph (a) insert—

aa

a child or young person in relation to whom parental rights and responsibilities have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;

3

In section 54 (local authority to be deemed nearest relative of certain children and young persons), for paragraph (a) substitute—

a

the parental rights and responsibilities in relation to a patient who is a child or young person have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;

4

In section 55 (nearest relative of child under guardianship etc.)—

a

for subsection (1) substitute—

1

Where—

a

a guardian has been appointed for a child who has not attained the age of eighteen years; or

b

there is in force a residence order, or a custody order, granted by a court in the United Kingdom, or an analogous order granted by a court outwith the United Kingdom (being an order which is entitled to recognition in Scotland), identifying a person as the person with whom a child under the age of sixteen years is to live,

that guardian or person shall, to the exclusion of any other person, be deemed to be the child’s nearest relative.

b

for subsection (3) substitute—

3

In this section “guardian” does not include a guardian under this Part of this Act or, in relation to a child, a guardian whose appointment takes effect under section 7, or on an order under section 11(1), of the Children (Scotland) Act 1995 where there is a parent who has parental responsibilities and parental rights in relation to the child.

c

subsection (4) shall cease to have effect.