Mental Health Act 20266

Transitional provisions: involuntarily admitted adults

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.