SCHEDULES
SCHEDULE 10Transitional provisions and savings
2Authority to detain etc
1
The provisions mentioned in sub-paragraph (4) do not affect—
a
the authority for the detention or guardianship of a person who is liable to be detained or subject to guardianship under the 1983 Act immediately before the date on which those provisions come into force,
b
the 1983 Act in relation to any application, order or direction for admission or removal to a hospital, or any guardianship application or order, made under that Act before that date or the exercise, before that date, of any power to remand,
c
the power to make on or after that date an application for the admission of a person to a hospital, or a guardianship application, where all the recommendations on which the application is to be founded are signed before that date, or
d
the authority for the detention or guardianship of a person in pursuance of such an application.
2
But those provisions do apply to the following events occurring on or after that date—
a
any renewal of the authority for the person’s detention or guardianship,
b
any consideration of his case by a Mental Health Review Tribunal, and
c
any decision about the exercise of any power to discharge him from detention or guardianship.
3
Sub-paragraph (2)(b) is subject to paragraph 4.
4
The provisions are—
a
section 1 and Schedule 1 (removal of categories of mental disorder),
b
section 2 (special provision for persons with learning disability),
c
section 3 (exclusions),
d
section 4 (replacement of “treatability” and “care” tests with appropriate treatment test),
e
section 5 (addition of appropriate treatment test),
f
section 7 (definition of “medical treatment”), and
g
the repeals in Schedule 11 which are consequential on any of those sections or that Schedule.