Mental Health Act 20266

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Transitional provisions: admission to Central Mental Hospital

254. (1) 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 subsection (8) or (9), a person is detained in the Central Mental Hospital under section 21 of the Act of 2001 pursuant to a relevant order, the clinical director of the Central Mental Hospital shall arrange for the person concerned to be examined by his or her responsible consultant under section 21 (1) on or after the relevant date, as the case may be, 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 responsible 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) shall, if not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission—

(i) refuse to make such 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) of that section shall not apply to the person concerned, and any subsequent review or otherwise of his or her detention shall be in accordance with section 255 .

(4) Where an involuntary admission order referred to in subsection (2)(a) is made in respect of a person referred to in subsection (1), the clinical director of the Central Mental Hospital shall, at the same time, consider whether—

(a) it would be for the benefit of the person to remain in the Central Mental Hospital, or

(b) it is necessary, for the purpose of obtaining special treatment, the details of which shall be specified in writing, for the person to remain in the Central Mental Hospital.

(5) Where the clinical director of the Central Mental Hospital is of the opinion that paragraph (a) or (b) of subsection (4) applies, the involuntary admission order made under section 21 (2)(a) in respect of a person referred to in subsection (1)—

(a) shall be for the reception, detention and care and treatment of the person in the registered acute mental health centre from which the person was transferred under section 21 of the Act of 2001, and

(b) shall be deemed to authorise the reception, detention and care and treatment of the person in the Central Mental Hospital.

(6) A decision under subsection (2) shall be made and, as applicable, any considerations under subsection (4) shall be concluded as soon as may be after the relevant date, but not later than the date the relevant order for the person concerned expires or the date that falls 28 days after the relevant date, whichever occurs sooner.

(7) Where an involuntary admission order 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.

(8) The clinical director of the Central Mental Hospital shall notify the clinical director of the registered acute mental health centre from which a person was transferred under section 21 of the Act of 2001 of—

(a) the results of an examination referred to in subsection (1),

(b) the decision referred to in subsection (2) to make an involuntary admission order or to discharge the person concerned, and

(c) the outcome of considerations referred to in subsection (4).

(9) Where, before the relevant date, a clinical director of a registered acute mental health centre has proposed to transfer a person to the Central Mental Hospital under paragraph (a) of section 21(2) of the Act of 2001 but the Commission has not referred the proposal to a tribunal under subsection (2)(b) of that section by immediately before the relevant date, the Commission shall, on and after the relevant date, treat the proposal as if it were made under section 35 (1) for the purpose of subsection (4) of that section, and any subsequent transfer (or otherwise) of the person concerned shall be determined in accordance with Part 3 .

(10) Where, before the relevant date, the Commission has referred a proposal to transfer a person to the Central Mental Hospital to a tribunal under paragraph (a) of section 21(2) of the Act of 2001 but a tribunal has not by immediately before the relevant date reviewed the proposed transfer and determined whether to—

(a) authorise the proposed transfer under section 21(2)(b)(i) of the Act of 2001, or

(b) refuse to authorise the proposed transfer under section 21(2)(b)(ii) of that Act,

the referral to the tribunal shall lapse and the Commission shall, on and after the relevant date, treat the proposal to transfer the person concerned under paragraph (a) of section 21(2) of the Act of 2001 as if it were made under section 35 (1) for the purpose of subsection (4) of that section, and any subsequent transfer (or otherwise) of the person concerned shall be determined in accordance with Part 3 .

(11) Subsections (13), (14) and (15) of section 35 shall apply to an admission to the Central Mental Hospital under this section with the modification that a reference to a registered acute mental health centre from which a person has been or was transferred shall be construed as a reference to the registered acute mental health centre from which the person admitted under this section was previously transferred under section 21 of the Act of 2001 and any other necessary modifications.