10Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
(a)if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
(b)if a hospital order is made in his case under paragraph (b) of subsection (2) of section 76 of the [1959 c. 72.] Mental Health Act 1959 or paragraph (b) of subsection (2) of section 62 of the [1961 c. 15 (N.I.).] Mental Health Act (Northern Ireland) 1961 or, in Scotland, where a transfer order ceases to have effect by virtue of section 68(1) of the [1960 c. 61.] Mental Health (Scotland) Act 1960,
but become active again if they are later resumed.