MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 42 Discharge and variation of orders under s.41.

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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 42

Discharge and variation of orders under s.41.

42.(1) An order made under section forty-one in respect of a patient may be
discharged by the county court upon application made

(a)by the person having the functions of the nearest relative of the patient
by virtue of the order;

(b)where the order was made on the ground specified in paragraph (a) or
paragraph (b) of sub-section (3) of that section, or where the person who was
the nearest relative of the patient when the order was made has ceased to be
his nearest relative, by the nearest relative of the patient.

(2) An order made under section forty-one in respect of a patient may be
varied by the county court, on the application of the person having the
functions of the nearest relative by virtue of the order or on the application
of [a social worker], by substituting for the first-mentioned person any
person who, in the opinion of the court, is a proper person to exercise those
functions, being a person who is willing to do so.

(3) If the person having the functions of the nearest relative of a patient by
virtue of an order under section forty-one dies, sub-sections (1) and (2)
shall apply as if for any reference to that person there were substituted a
reference to any relative of the patient, and until the order is discharged or
varied under those sub-sections the functions of the nearest relative under
this Part shall not be exercisable by any person.

(4) An order under section forty-one shall, unless previously discharged,
cease to have effect

(a)if the patient was on the date of the order liable to be detained in
pursuance of an application for admission or subject to guardianship under
this Part, or becomes so liable or subject within the period of three months
beginning with that date, when he ceases to be so liable or subject (otherwise
than on being transferred by virtue of section thirty-one);

(b)if the patient was not on the date of the order, and has not within the
said period of three months become, so liable or subject, at the expiration of
that period.

(5) The discharge or variation under this section of an order under section
forty-one shall not affect the validity of anything previously done in
pursuance of the order.

Duty of social worker to make application for admission or guardianship.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 42