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Transitional provisions: transfers of persons
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261. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a clinical director of a registered acute mental health centre has received an application under section 20 of the Act of 2001 for a transfer of a person to another registered acute mental health centre (in this section referred to as the “second-mentioned registered acute mental health centre”) but has not considered the application by immediately before the relevant date, the clinical director may, on or after the relevant date, consider and determine the application and, if he or she so thinks fit—
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(a) refuse the application, or
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(b) arrange for the transfer of the person to the second-mentioned registered acute mental health centre in accordance with that section and for the person to be detained accordingly in the second-mentioned registered acute mental health centre with the consent of the clinical director of that centre.
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(2) Where, before the relevant date, a clinical director of a registered acute mental health centre has arranged for the transfer of a person to another registered acute mental health centre (other than the Central Mental Hospital) under section 21(1) of the Act of 2001 but the transfer has not taken place by immediately before the relevant date, the clinical director may—
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(a) refuse the transfer, or
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(b) arrange for the transfer to take place on or after the relevant date in accordance with that section and for the person to be detained accordingly in the other registered acute mental health centre concerned.
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