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Confirmation of expired renewal orders.
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5.— (1) An expired renewal order shall be deemed always to have been valid notwithstanding either of the following matters:
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(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; or
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(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.
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(2) An expired renewal order shall be deemed to have remained in force until—
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(a) the expiration 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, or
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(b) its revocation under section 28 of the Act of 2001,
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whichever occurred first.
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(3) Nothing in this section shall be construed as preventing an expired renewal order from having been invalid by reason of matters other than the matters referred to in subsection (1).
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