Rule 6 Respondents to applications under Part II of the Order
Northern Ireland
Where an application is made under Article 25(3) (to transfer guardianship to the responsible Board or to some other person) the person having guardianship of the patient shall be the respondent.
Where an application is made under Article 36 (appointment by county court of acting nearest relative) the nearest relative of the patient shall be the respondent unless the application is made on the ground specified in paragraph (3)(a) of Article 36 or the court otherwise directs.
Where an application is made under Article 37 (discharge and variation of orders under Article 36) the respondent shall be—
in the circumstances specified in paragraph (1)(a), (2) or (3) of Article 37, the person who was the respondent to the original application under Article 36;
in the circumstances specified in paragraph (1)(b) of Article 37, the person having the functions of the nearest relative of the patient by virtue of the order under Article 36.
Without prejudice to paragraphs (1) to (3), the court may direct that any other person, not being the patient, shall be made a respondent to an application under Part II of the Order.
Notes on Part [ ORDER 52
Footnotes
- f1
-
Order 52 Part I inserted by S.R. 1986 No. 218 with effect from 01.09.86
Notes on Chapter [ PART II
Footnotes
- f1
-
Part II inserted by S.R. 1988 No. 100 with effect from 01.05.88