Health and Social Care Act 2012

42 Transfers to and from special hospitals

(1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).

(2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)—

(a) after paragraph (c), insert “or”,

(b) omit the “or” following paragraph (d), and

(c) omit paragraph (e).

(3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”.

(4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999.

(5) This section does not affect—

(a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section,

(b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or

(c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.