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Replacement renewal orders.
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4.— (1) Subject to subsection (2), where a patient is the subject of an unexpired renewal order, the consultant psychiatrist responsible for the care and treatment of the patient, having carried out an examination of the patient after the passing of this Act but before the expiration of the 5 working days immediately following the passing of this Act shall, where he or she is satisfied by virtue of that examination that the patient continues to suffer from a mental disorder—
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(a) certify in a form specified by the Commission that the patient continues to suffer from a mental disorder, and
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(b) make an order replacing the unexpired renewal order in respect of the patient for a specified period not exceeding the period remaining unexpired, as at the date of the making of the order under this paragraph, of the maximum period concerned specified in section 15(2) or (3) of the Act of 2001 by which the unexpired renewal order extended or further extended the period referred to in section 15(1) of that Act.
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(2) Subject to subsections (3) to (5), a replacement renewal order shall be in substitution for, and not in addition to, the unexpired renewal order which it replaces and shall, for the purposes of the Act of 2001 and subject to the provisions of that Act, take effect as if it were—
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(a) a renewal order under section 15(2) of that Act in any case where that unexpired renewal order purports to be a renewal order made under that subsection, or
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(b) a renewal order under section 15(3) of that Act in any case where that unexpired renewal order purports to be a renewal order made under that subsection.
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(3) Where an unexpired renewal order has been replaced by a replacement renewal order but, before that replacement, a tribunal has not reviewed, or has not completed its review, under section 18 of the Act of 2001 of the detention of the patient concerned arising from the making of that unexpired renewal order, then a step taken—
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(a) under sections 16 to 18 of the Act of 2001 by a person,
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(b) on or after the day on which the unexpired renewal order was made but before that replacement, and
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(c) arising from the making of the unexpired renewal order,
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shall be deemed to be a step already taken—
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(i) under sections 16 to 18 of the Act of 2001 by the person concerned referred to in paragraph (a), and
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(ii) arising from the making of the replacement renewal order.
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(4) Nothing in subsection (3) shall prejudice the taking of steps that are required to be taken under sections 16 to 18 of the Act of 2001 arising from the making of a replacement renewal order where those steps have not been deemed to have been taken by virtue of that subsection.
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(5) Where an unexpired renewal order has been replaced by a replacement renewal order and, before that replacement, a tribunal has completed its review under section 18 of the Act of 2001 of the detention of the patient concerned arising from the making of the unexpired renewal order, then, notwithstanding the completion of such review, sections 16 to 19 of the Act of 2001 shall apply to the making of the replacement renewal order in the same manner as they apply to the making of a renewal order.
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