Mental Health Act 20266
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Transitional provisions: absence with and without leave | ||
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262. (1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), permission for a period of absence granted to a person under section 26(1) of the Act of 2001 is in force, the grant of such permission shall, on and after the relevant date, continue in force and accordingly that Act as it stood immediately before the relevant date shall continue to have effect in respect of the person until the date of the period specified in the permission expires, unless that permission is sooner withdrawn under subsection (2). | ||
(2) Where, immediately before the relevant date, a person is absent from a registered acute mental health centre pursuant to a permission granted under section 26(1) of the Act of 2001, the responsible consultant psychiatrist for the person concerned shall, on or after the relevant date, withdraw the permission and direct the person to return to the registered acute mental health centre for the purpose of an examination referred to in section 252 (1) or 258 (1), as the case may be. | ||
(3) Where, immediately before the relevant date, following a withdrawal of permission under subsection (2), or on or after the relevant date, a person in respect of whom a relevant order or a relevant order within the meaning of section 257 is in force— | ||
(a) is absent from a registered acute mental health centre without permission granted under section 26(1) of the Act of 2001, or | ||
(b) fails to return to the registered acute mental health centre in accordance with any direction given under section 26 of the Act of 2001 or subsection (2), | ||
the clinical director of the registered acute mental health centre concerned may arrange for the person to be brought back to the centre in accordance with section 27 of the Act of 2001. |