The Mental Deficiency Act, 1913 : together with the regulations and rules made under the provisions of that Act, the departmental circulars, the Elementary (Defectice and Epileptic Children) Acts, 1899 and 1914, and, introduction and annotations / by R.A. Leach.
- Date:
- 1914
Licence: In copyright
Credit: The Mental Deficiency Act, 1913 : together with the regulations and rules made under the provisions of that Act, the departmental circulars, the Elementary (Defectice and Epileptic Children) Acts, 1899 and 1914, and, introduction and annotations / by R.A. Leach. Source: Wellcome Collection.
35/312 page 15
![and, if such a petition has been presented, the date thereof and the result of the proceedings thereon; and (d) if the petition is accompanied by a certificate that a medical examination was impracticable, the circumstances which I'endered it impracticable. (3) If a petition is not presented by a relative or by an officer of the local authority, it shall contain a statement of the reasons why the petition is not presented by a relative, and of the con- nection of the petitioner with the person to whom the petition relates and the circumstances under which he presents the peti- tion. (4) Where the Board are satisfied that a petition under this section ought to be presented concerning any person, and that the local authority have refused or neglected to cause a petition to be presented, they may direct an inspector or other officer to present a petition, and this section shall apply accordingly. PROCEDURE ON HEARING PETITIONS. 6—(1) Upon the presentation of the petition and such docu- ments as aforesaid, the judicial authority shall either visit the tioned. Will the Guardians be able to bring a petition as “ friend ” by authorising one of their officers in that behalf? Reason and practice 111 other directions say “ Yes.” Any officer.—It is submitted that, as the section stands, the local authority would be able to give a general authorisation to any of their officers to make applications by petition. Local authority.—See section 27. Board, i.e., Board of Control.—Section 3 (2) and section 21. 5 (2) {a).—See sections 1 and 6 (3) [h). (2) (b).—See section 2. (2) (c).—See the first note under this section. (2) [d).—See section 6 (4). 5 (3).—This follows the precedent of section 5 (1) of the Lunacy Act, 1890, which says that the petition should be presented if possible by “ the husband or wife or by a relative.” See section 6 («) and note. 5 (4).—See section 25 (rf) and note. For the effect and duration of orders.—See sections 10 to 12. For the 'powers to recover expenses.—See section 13. Perjury.—Foi* the provisions of the Perjury Act, 1911, relating to statutory declarations, certificates, etc., see appendix. Also see section 63 of the present Act. Notes to Section 6. Judicial authority .—See section 19. Such documents ns aforesaid, i.e., the certificates and statements re- quired in section 5 (2) and (3). See Home Secretary’s Regulations [30- 43], 2nd April, 1914, and Forms P. 1—P. 6 in those Regulations, post.](https://iiif.wellcomecollection.org/image/b29010172_0035.jp2/full/800%2C/0/default.jpg)


