Mental Health Act 2008

Confirmation of unexpired renewal orders.

3.— (1) An unexpired renewal order shall be deemed to be valid and always to have been valid notwithstanding either of the following matters:

(a) that the consultant psychiatrist failed to consider when making the order that he or she had the discretion to extend or further extend the period referred to in section 15(1) of the Act of 2001 for a lesser period than the maximum period concerned specified in section 15(2) or (3) of that Act of 2001; or

(b) that the order did not specify a period during which the order was to remain in force or a date on which the order was to expire.

(2) Subject to section 28 of the Act of 2001, an unexpired renewal order shall remain in force until—

(a) the expiration of 5 working days immediately following the passing of this Act,

(b) a replacement renewal order is made to replace the unexpired renewal order, or

(c) the expiration of the last day of the maximum period concerned specified in section 15(2) or (3) of the Act of 2001 by which it extended or further extended the period referred to in section 15(1) of that Act,

whichever occurs first.

(3) Where a patient is the subject of an unexpired renewal order, the matters authorised under section 15(1) of the Act of 2001 by virtue of the admission order concerned shall continue to be authorised in respect of the patient for so long as the unexpired renewal order remains in force or, if the unexpired renewal order is replaced by a replacement renewal order, for so long as that replacement renewal order remains in force.

(4) Nothing in this section shall be construed as preventing an unexpired renewal order from being invalid by reason of matters other than the matters referred to in subsection (1).