Effect of death on NR delegation

Law and practice Mental Health Act
1

Hi,

Can anyone tell me if a NR delegates their power to another, what happens if the original NR dies. Does the delegated NR still hold the NR title or does it then pass to the ‘next in line’?

Thanks

2

According to David Hewitt’s N R Handbook 4.21, the delegation lapses with the death of the NR who gave it.

3

What is the case if the facts were the same but it was NR delegation rather than formal displacement?

4

Hi,
Reference Guide again, where it is explaining section 32(2) and regulation 24:

2.35 Delegation lapses automatically on the death of the person who made it, or if
that person ceases to be the nearest relative for any other reason. It also
lapses on the death of the person to whom the functions have been
delegated.

1 Like
5

Thank you very much

6

No the next Nr will be as per s26 hierarchy