Section 116 Welfare of certain hospital patients.

England, Wales and Scotland

(1)

Where a patient to whom this section applies is admitted to a hospital F1independent hospital or care home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.

(2)

This section applies to-

F2(a)

a child or young person—

(i)

who is in the care of a local authority by virtue of a care order within the meaning of the M1 Children Act 1989, or

(ii)

in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the M2Social Work (Scotland) Act 1968;

(b)

a person who is subject to the guardianship of a local social services authority under the provisions of this Act F3. . . ; or

(c)

a person the functions of whose nearest relative under this Act . . . are for the time being transferred to a local social services authority.

Annotations

Textual amendments

F1: Words in s. 116(1) substituted (1.4.2002 for E.W and otherwise (prosp.)) by 2000 c. 14, s. 116, Sch. 4 para. 9(5); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F2: S. 116(2)(a) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 42; S.I. 1991/1883, art. 3, Sch.
F3: Words in s. 116(2)(b)(c) repealed (S.) (27.9.2005) by virtue of The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.I. 2005/465), art. 3, Sch. 2 and words in s. 116(2)(b)(c) repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions Order) 2005 (S.I. 2005/2078), art. 16, Sch. 3

Marginal citations

M1: 1989 c.41 (20).
M2: 1968 c.49 (81:3).

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)