HC Deb 10 May 1983 vol 42 cc767-8
767
§
Amendment made: In page 17, line 27, at end insert—
'(3) After subsection (2) of the said section 44 there shall be inserted the following subsection—
(2A) An order for the discharge of a patient who is subject to guardianship shall not be made by his nearest relative
768
except after giving not less than fourteen days' notice in writing to the local authority concerned; and within that period—
- (a) if it appears to the local authority that the ground set out in section 25(1A)(b) of this Act continues to apply in relation to the patient they shall inform the responsible medical officer of the notice given by the nearest relative; and
- (b) if it appears to the responsible medical officer that the ground set out in section 25(1A)(a) of this Act continues to apply in relation to the patient he shall inform the local authority; and
- (c) the local authority shall inform the nearest relative of the views taken by them and by the responsible medical officer,
and in that event—
- (i) any order for the discharge of the patient made by that relative in pursuance of the notice shall cease to have effect; and
- (ii) no further order for the discharge of the patient shall be made by that relative during the period of six months beginning with the date on which that relative is so informed"' .—[Mr. John MacKay.]