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Section 74

Annulling proceedings

of Mental Health Act 2001

ActIn forceProvision 74 of 94
Section 74
(1)

Where 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—

(a)

on the application of that person;

(b)

on the application of a person acting on his behalf; or

(c)

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.

(2)

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.

(3)

Where upon an inquiry under this section the Court finds that the person is now capable of managing himself and his affairs the

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