Amendment of regulation 33
24.—(1) Regulation 33 of the principal Regulations (patients subject to compulsory treatment order) is amended as follows.
(2) The text of the regulation, as it was immediately before this regulation came into force, becomes paragraph (1).
(3) After that paragraph insert—
“(2) Where a patient is being treated as if subject to a compulsory treatment order by virtue of regulation 30, an application may be made in respect of that order under section 100 of the 2003 Act (application by patient etc. for revocation or variation of order) before the end of the 3 month period mentioned in subsection (4) of that section.
(3) But an application may not be made by virtue of paragraph (2) until the patient’s responsible medical officer has decided not to make a determination under regulation 38 revoking the order.”.