HC Deb 14 August 1913 vol 56 cc2781-2

  1. (1) Notwithstanding anything contained in Section seven of the Act of 1866, the provisions of Section sixteen of the Act of 1862 shall apply as fully for the purposes of the removal or transfer, under the authority of the Board, of a lunatic to the lunatic wards of a poorhouse, or to a licensed house or a private dwelling, and of his reception and detention in the event of his requiring to be again received into an asylum as they apply in the case specified in the last cited Section.
  2. (2) The Board may, in any case where they consider it expedient, dispense for such period as they think proper with the requirement of Section seven of the Act of 1866 respecting the Grant and transmission to the Board of an annual certificate in the form of Schedule A to that Act.
  3. (3) A private patient shall be discharged on the written request of the person at whose instance he is detained as a lunatic.
  4. (4) If that person is dead or is incapable by reason of mental incapacity, absence from the United Kingdom, or other cause, of signing a request for discharge, or has ceased to pay for the maintenance of such patient, or if a patient originally classified as a pauper is afterwards classified as a private patient, the patient shall be discharged on the written request of the person who made the last payment of the patient's board, or the husband or wife, or if there is no husband or wife or the husband or wife is incapable as aforesaid, the father, or if there is no father or he is incapable as aforesaid, the mother of the patient, or if there is no mother or she is incapable then any one or more of the nearest of kin.
  5. (5) In addition to the powers conferred on them by Section ninety-two of the Act of 1857, the Board may in the case of any person detained as a lunatic order his liberation upon being satisfied by the certificate of two medical persons whom they may think fit to consult, bearing that such lunatic may without risk of injury to the public or to the lunatic be set at large.

Lords Amendments:—

In Sub-section (3), at the beginning, insert the words "without prejudice to the provisions of Section ninety-three of the Act of 1857 or Section twelve of the Act of 1866."

In Sub-section (4), after the word "shall" ["shall be discharged"], insert the words "without prejudice as aforesaid."