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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

Schedule 5Transitional Provisions and Savings

Definition of mental disorder

1Sections 1 and 2 of this Act, and the amendments in Schedule 3 which are consequential on those sections, do not affect the authority for the detention or guardianship of a person who is liable to be detained or subject to guardianship under the principal Act immediately before the date on which those sections come into force but apply to any renewal of that authority on or after that date.

Admission to hospital

2Sections 3 to 5 of this Act, and the amendments in Schedule 3 which are consequential on those sections, do not affect the principal Act in relation to any application made before the coming into force of those sections.

Reception into guardianship

3Where on the day on which section 7 of this Act comes into force a person who has not attained the age of sixteen years is subject to guardianship by virtue of a guardianship application the authority for his guardianship shall terminate on that day.

4Section 8 of this Act has effect in relation to a guardianship application made before the coming into force of that section as well as in relation to one made later.

Duration of detention or guardianship

5The amendment by section 12 of this Act of section 43(1) of the principal Act has effect in relation to any application for admission for treatment and to any guardianship application made after the date on which section 12 comes into force and the amendment by that section of section 43(2) of the principal Act has effect in relation to any renewal of authority after that date ; and where an authority has been renewed on or before that date for a period of two years of which less than sixteen months has expired on that date that period shall expire at the end of eighteen months from the date on which it began.

Discharge of patients

6Section 13(1) of this Act does not apply to a patient detained in pursuance of an application made before the coming into force of that section.

Nearest relative

7Where at any time before the coming into force of section 14 of this Act an application to a Mental Health Review Tribunal has been made by a person who at that time was the patient's nearest relative, then, if—

(a)the application has not been determined when that section comes into force; and

(b)that person would by reason of that section cease to be the patient's nearest relative,

that person shall nevertheless be treated for the purposes of the application as continuing to be his nearest relative.

Applications by persons subject to hospital orders

8Section 20(2) of this Act and the corresponding repeal in Schedule 4 to this Act do not apply to a patient who is liable to be detained immediately before those provisions come into force.

Transfer directions

9(1)Subject to sub-paragraph (2) below, sections 24 to 27 of this Act have effect in relation to a transfer direction given before the coming into force of those sections as well as in relation to one given later.

(2)Where, apart from this sub-paragraph, a transfer direction given before the date on which subsection (3) of section 24 comes into force would by virtue of that subsection have ceased to have effect before that date it shall cease to have effect on that date.

(3)The repeal by this Act of section 77 of the principal Act does not affect subsection (4) of that section in its application to a transfer direction given before the coming into force of section 26 of this Act.

Restriction orders and directions

10(1)The amendment by subsection (1) of section 28 of this Act of section 66(1) of the principal Act has effect in relation to a restriction order made before the coming into force of that section as well as in relation to one made later.

(2)Subsection (3) of that section has effect in relation to a restriction order or restriction direction made or given before the coming into force of that section as well as in relation to one made or given later.

(3)Schedule 1 to this Act has effect in relation to a restriction order or restriction direction made or given before the coming into force of that Schedule as well as in relation to one made or given later but—

(a)for the purposes of section 122(2) of the principal Act in its application to paragraphs 2 and 7(2) of that Schedule any reference to a tribunal under section 66(6) of the principal Act in respect of a patient shall be treated as an application made by him ; and

(b)paragraphs 7(1)(a) and 9(5) of that Schedule do not apply where the period in question has expired before the coming into force of that Schedule.

Removal of alien patients etc.

11Subsection (3) of section 35 of this Act does not apply in relation to a patient removed from England and Wales before the coming into force of that subsection.

Duty of managers to refer cases to tribunal

12Subsection (1) of section 40 of this Act does not apply to any patient admitted or transferred to hospital more than six months before the coming into force of that section ; and subsection (2) of that section applies only in relation to a renewal of authority for detention after the coming into force of that section.

Consent to treatment

13(1)Subsection (3) of section 44 of this Act shall not apply to any treatment given to a patient in the period of six months beginning with the day on which that section comes into force if—

(a)the detention of the patient began before the beginning of that period ; and

(b)that subsection has not been complied with in respect of any treatment previously given to him in that period.

(2)The Secretary of State may by order reduce the length of the period mentioned in sub-paragraph (1) above.

Duty of managers to give information to detained patients

14In the case of a patient who is detained at the time when section 57 of this Act comes into force the steps required by that section shall be taken as soon as practicable after that time.

Time for applications to tribunal by persons under sixteen

15The repeals by this Act in sections 31(4), 34(5) and 63(4)(a) of the principal Act shall not affect the time within which an application may be made to a tribunal by a person—

(a)who was admitted to hospital in pursuance of an application for admission for treatment; or

(b)in respect of whom a guardianship application was accepted ; or

(c)in respect of whom a hospital order was made, before the coming into force of the repeals.

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