Mental Health Act 20266
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Transitional provisions: involuntarily admitted adults | ||
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252. (1) Subject to subsections (4) and (6), where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in section 261 , a person is being detained in a registered acute mental health centre pursuant to a relevant order, the clinical director of the registered acute mental health centre concerned shall, on or after the relevant date, arrange for the person concerned to be examined by a consultant psychiatrist under section 21 (1) as if the person concerned were the subject of a recommendation for involuntary admission. | ||
(2) Following an examination of a person referred to in subsection (1), the consultant psychiatrist— | ||
(a) shall, if satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, make an involuntary admission order for the reception, detention and care and treatment of the person under section 21 (2)(a), or | ||
(b) if not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, shall— | ||
(i) refuse to make an involuntary admission order, and | ||
(ii) arrange, subject to the modifications specified in subsection (3), for the person to be discharged in accordance with section 28 of the Act of 2001. | ||
(3) In relation to each subsection of section 28 of the Act of 2001, the modifications referred to in subsection (2)(b)(ii) are— | ||
(a) in subsection (1), the consultant psychiatrist concerned shall, where not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, revoke the relevant order and discharge the person, | ||
(b) for the purpose of subsection (3)(b), the consultant psychiatrist shall notify the person concerned that he or she is entitled to have his or her detention reviewed by a tribunal in accordance with section 255 , and | ||
(c) subsection (5) shall not apply to a person concerned, and any subsequent review or otherwise of his or her detention shall be in accordance with section 255 . | ||
(4) A decision under subsection (2) to make or refuse to make an involuntary admission order shall be made as soon as may be after the relevant date, but not later than— | ||
(a) the date of the expiration of the relevant order for the person concerned, or | ||
(b) the date that falls 28 days after the relevant date, | ||
whichever occurs sooner. | ||
(5) Where an involuntary admission order referred to in subsection (2)(a) is made in respect of a person referred to in subsection (1), the relevant order pursuant to which that person was previously detained shall immediately cease to have effect and be deemed to be revoked. | ||
(6) A reference, in subsection (1), to a person detained in a registered acute mental health centre pursuant to a relevant order immediately before the relevant date— | ||
(a) includes a person on a permitted leave of absence under section 26 of the Act of 2001, | ||
(b) subject to section 262 , includes a person absent from that centre without permission under section 27 of the Act of 2001, and | ||
(c) does not include a person transferred to and detained in the Central Mental Hospital under section 21 of the Act of 2001. |