Mental Health Act 20266

Transitional provisions: admission and renewal orders for children

257. (1) Subject to section 258 , a relevant order in respect of a child that is in force immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) shall, subject to the modifications in subsection (2), continue in force on and after the relevant date and accordingly the Act of 2001 as it stood immediately before the relevant date shall continue to have effect in respect of the child until the earlier of—

(a) the date the child the subject of the relevant order is admitted under section 62 , 63 , 64 or 66 following the commencement of the process specified in section 258 (1), or

(b) the date the relevant order is revoked and the child is discharged by the Family District Court or the District Court, as the case may be, under section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001) following an application under section 258 (2)(b).

(2) The modifications referred to in subsection (1) are that the following provisions shall apply in respect of a relevant order that continues in force under subsection (1) as if the child the subject of the relevant order concerned were an involuntarily admitted child (and any other necessary modifications):

(a) paragraphs (a), (b), (d), (e), (f) and (g) of subsection (1) and subsections (2) and (3) of section 9 ;

(b) Chapter 4 of Part 4 ;

(c) section 193 .

(3) In this section and sections 258 and 259 , “relevant order” means—

(a) an order authorising the detention of the child in an approved centre made under section 25(6) of the Act of 2001, or

(b) an extension of an order referred to in paragraph (a) made under subsections (9) or (10) of section 25 of the Act of 2001.