The following Local Government Q&A provides comprehensive and up to date legal information covering:
The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 (the Regulations), SI 2008/1184 are the principal regulations dealing with the procedural matters relating to compulsory treatment of persons who have a mental disorder under the Mental Health Act 1983 (MeHA 1983) as amended by the Mental Health Act 2007.
MeHA 1983, s 26 defines ‘relative’ and ‘nearest relative’. MeHA 1983, s 26(1) states that ‘relative’ means any of the following persons:
husband or wife [or civil partner]
son or daughter
father or mother
brother or sister
uncle or aunt, and
nephew or niece
MeHA 1983, s 26(3) provides that the ‘nearest relative’ is the person first described in subsection (1) above who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any paragraph of that subsection being preferred to the other or others of those relatives, regardless of sex.
Under MeHA 1983, s 29 the County Court may (upon application) make an order directing that the functions of the nearest relative of the patient (under MeHA 1983, Part II and MeHA 1983, ss 66 and 69) be exercised by the person specified in the order. Halsbury’s An
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.