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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 39

39.(1) Where a patient who has not attained the age of [eighteen] years

(a)is by virtue of an order made by a court in the exercise of jurisdiction
(whether under any enactment or otherwise) in respect of the guardianship of
infants (including an order made under sub-section (4) of section one of the
Punishment of Incest Act, 1908), or by virtue of a deed or will executed by
his father or mother, under the guardianship of a person not being his
nearest relative under the foregoing provisions of this Act, or is under the
joint guardianship of two or more persons of whom one is such a person as
aforesaid; or

(b)is, by virtue of an order made by a court in the exercise of such
jurisdiction as aforesaid or in matrimonial proceedings, or by virtue of a
separation agreement between his father and mother, in the custody of any such
person;

(2) Sub-section (4) of section thirty-seven shall apply in relation to a
person who is, or who is one of the persons, deemed to be the nearest relative
of a patient by virtue of this section as it applies in relation to a person
who would be the nearest relative under sub-section (3) of that section.

(3) A patient shall be treated for the purposes of this section as being in
the custody or guardianship of another person if he would be in that other
person's custody or guardianship apart from section twenty-two.

(4) In this section "court" includes a court in England and Wales or Scotland,
and "enactment" includes an enactment of the Parliament of the United Kingdom.

© 1961 Crown Copyright

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