Mental Health Act 2001 · Updated to 1 Feb 2014 · Part X · Proceedings in Inquiries Into Mental Disorder
74. Annulling proceedings
Feedback & supportWhere a person has been found to be incapable of managing himself and his affairs due to his mental disorder and it is subsequently shown to the Court—
mental disorder
“mental disorder” means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind however acquired; and
on the application of that person;
on the application of a person acting on his behalf; or
on the information of any other person, that there is reason to believe that such incapability has ceased, the
Court may make an order for an inquiry to determine whether the person is now capable of managing himself and his affairs.
The inquiry under subsection (1) shall be conducted in the same manner as that prescribed for an inquiry into whether a person alleged to be mentally disordered is incapable of managing himself and his affairs.
prescribed
“prescribed” means prescribed by the Minister by regulations made under this Act;
Where upon an inquiry under this section the Court finds that the person is now capable of managing himself and his affairs the
Court
“Court” means the High Court, a Sessions Court or a Magistrate Court or a Syariah Court as the context may require, and includes a Judge whether sitting in Court or in Chambers; Mental Health 11
Court shall order all proceedings in the matter to cease or to be set aside on such terms and conditions as it deems proper.
Discharge of person found on inquiry to be capable of managing himself and his affairs