Mental Health (Renewal Orders) Act 2018

Replacement renewal orders

3. (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 as soon as possible after the commencement of this section but, in any case, not later than 5 working days (or, if the Minister permits thereto in writing, 8 working days) after such commencement, shall, where he or she is satisfied by virtue of that examination that the patient continues to suffer from a mental disorder—

(a) certify in a form specified by the Commission that the patient continues to suffer from a mental disorder, and

(b) make an order replacing the unexpired renewal order in respect of the patient for a specified period not exceeding the maximum period specified in section 15(3) of the Act of 2001.

(2) A replacement renewal order shall be in substitution for, and not in addition to, the unexpired renewal order and shall, for the purposes of the Act of 2001 and subject to the provisions of that Act, take effect as if it were a renewal order under section 15(3) of that Act and, accordingly, sections 16 to 18 of that Act shall apply to the replacement renewal order and cease to apply to the unexpired renewal order.

(3) An unexpired renewal order continues in force until—

(a) the period for which it was made expires,

(b) it is revoked pursuant to a provision of the Act of 2001,

(c) it is replaced by a replacement renewal order, or

(d) the 5 working days (or, if applicable, 8 working days) referred to in subsection (1) expires,

whichever first occurs.