Section 26 | Definition Of “Relative” And “Nearest Relative” | Mental Health Act 1983 C20

26 Definition of “relative” and “nearest relative”

Mental Health Act 1983 (1983 c 20) | Legislation

Functions of relatives of patients

26 Definition of “relative” and “nearest relative”

(1) In this Part of this Act “relative” means any of the following persons:—

(a) husband or wife [or civil partner];

(b) son or daughter;

(d) brother or sister;

(e) grandparent;

(f) grandchild;

(g) uncle or aunt;

(h) nephew or niece.

(2) In deducing relationships for the purposes of this section, any relationship of the half-blood shall be treated as a relationship of the whole blood, and an illegitimate person shall be treated as the legitimate child of

[(a) his mother, and

(b) if his father has parental responsibility for him within the meaning of section 3 of the Children Act 1989, his father.]

(3) In this Part of this Act, subject to the provisions of this section and to the following provisions of this Part of this Act, the “nearest relative” means the person first described in subsection (1) above who is for the time being