Article 3 Mental Health

Where immediately before 1st April 1974 a patient is in the guardianship under the Mental Health Act 1959 of a dissolved authority his guardianship shall vest on that date—

Where the guardianship of a patient who is subject to guardianship by virtue of a guardianship application becomes vested in a successor authority in pursuance of paragraph (1) of this article, the provisions of Part IV of the Mental Health Act 1959 shall apply to him as if the application for his reception into guardianship were for his reception into the guardianship of that authority and had been accepted at the time when it was originally accepted.

Where the guardianship of a patient who is subject to guardianship by virtue of a guardianship order becomes vested in a successor authority in pursuance of paragraph (1) of this article, the provisions of Part IV of the Mental Health Act 1959 shall apply to him as if the order by virtue of which he is subject to guardianship were an order placing him under the guardianship of the authority in which his guardianship has become vested.

A patient who is in hospital at the time when his age falls to be determined for the purposes of regulation 26 of the Mental Health (Hospital and Guardianship) Regulations 1960^f1 and who before the date of his admission to hospital resided in the area of a dissolved authority, shall be deemed to have resided at that date in the area of the successor authority in which on 1st April 1974 his former place of residence is situated.

Any order made by a county court under section 52 of the Mental Health Act 1959 directing that the functions under Part IV of that Act of the nearest relative of a patient shall be exercisable by a dissolved authority shall have effect on and after 1st April 1974 as if that order had directed those functions to be exercised by the successor authority in whose area the patient resided on that date, or, if he is then in hospital, the successor authority in whose area on that date the place at which he was resident immediately before he was admitted to hospital is situated.

Anything duly done before 1st April 1974 by or in relation to a local health authority, a local authority social services committee, or a mental welfare officer for the purposes of any provision of the Mental Health Act 1959 with respect to any person, shall not be affected by the Act, but may be continued thereafter by or in relation to the successor authority or mental welfare officer concerned to carry out that provision of the Mental Health Act 1959 in respect of that person.