Mental Health Act 20266
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Transitional provisions: involuntary admission processes in being | ||
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253. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a person is the subject of an application under section 9(1) or 12(2) of the Act of 2001 but the medical practitioner to whom the application is addressed has not decided whether to make a recommendation in respect of the person concerned under section 10 of that Act by immediately before the relevant date, the registered medical practitioner concerned shall, on or after the relevant date, treat the application as if it were a direct application for a recommendation for involuntary admission under section 14 and any subsequent involuntary admission (or otherwise) of the person concerned shall be determined in accordance with Part 3 . | ||
(2) Where, before the relevant date, a person is the subject of a recommendation under section 10 of the Act of 2001 but an involuntary admission order has not yet been made or refused in respect of the person concerned under section 14(1)(a) or (b) of that Act by immediately before the relevant date, the clinical director to whom the recommendation is addressed shall, on or after the relevant date, treat the recommendation as if it were a recommendation for involuntary admission under section 15 and any subsequent involuntary admission (or otherwise) of the person concerned shall be determined in accordance with Part 3 . | ||
(3) Where, before the relevant date, a person has been detained under section 23 of the Act of 2001 but a determination has not been made by immediately before the relevant date on whether the person concerned is to be— | ||
(a) the subject of an admission order under section 24(3) of that Act, or | ||
(b) discharged under subsection (1) or (2)(b) of section 24 of that Act, | ||
the detention of that person shall, on or after the relevant date, be determined in accordance with section 37 subject to the modification that the steps in section 37 are required to be completed within 24 hours of the time the person is detained under section 23 of the Act of 2001, and any necessary additional modifications. |