Mental Health Act · 2023 Revised Edition · Part · Proceedings in Inquiries Into Mental Disorder
63. Annulling proceedings
Official textFrom Attorney General's Chambers, unchanged
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 —
mental disorder
“mental disorder”, subject to subsection (2), means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind, however acquired;
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 a mentally disordered person is incapable of managing himself and his affairs.
mentally disordered person
“mentally disordered person” means a person who suffers from a mental disorder;
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 condition as it thinks fit and proper.
Terms defined in this Act
mental disorder
Defined · s 2“mental disorder”, subject to subsection (2), means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind, however acquired;
mentally disordered person
Defined · s 2“mentally disordered person” means a person who suffers from a mental disorder;
Part