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The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008

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4.—(1) Notwithstanding the coming into force of the provisions of the 2007 Act specified in article 2 of this Order, the following provisions of the 1983 Act shall continue to have effect in relation to an ACUS patient—

(a)the definitions of “severe mental impairment”, “mental impairment” and “psychopathic disorder” in section 1(2) (application of Act: “mental disorder”), insofar as they relate to sections 25A(4) (application for supervision), 25G(4) (duration and renewal of after-care under supervision) and 72(4A) (powers of tribunals);

(b)subsections (2), (4) (insofar as it relates to section 72(4A)) and (8) of section 25A (application for supervision);

(c)subsections (6) and (7) of section 25C (supervision applications: supplementary);

(d)section 25D (requirement to secure receipt of after-care under supervision);

(e)section 25E (review of after-care under supervision etc);

(f)section 25F(1) (reclassification of patient subject to after-care under supervision), where a report referred to in that section was furnished by a responsible medical officer prior to the commencement day, insofar as it relates to sections 66(1)(gb) and 66(2)(d) (applications to tribunals);

(g)subsections (2) and (4) of section 25F (reclassification of patient subject to after-care under supervision);

(h)the following subsections of section 25G (duration and renewal of after-care under supervision)—

(i)subsection (1), subject to article 7;

(ii)subsections (2), (3) and (7) insofar as they operate to renew a period of after-care under supervision that would otherwise end prior to the commencement day, subject to article 7;

(iii)subsection (4), insofar as it relates to subsection (3) of that section and section 72(4A) (powers of tribunals);

(i)section 25H (ending of after-care under supervision);

(j)section 25I(1)(a) (special provisions as to patients sentenced to imprisonment etc) and subsection (2) of that section insofar as it relates to section 25I(1)(a);

(k)the definitions of “the community responsible medical officer” and “the supervisor” in section 34(1) (interpretation of Part 2);

(l)section 34(1A) (interpretation of Part 2);

(m)paragraphs (ga), (gb) and (gc) of section 66(1) (applications to tribunals);

(n)section 66(2)(fa) (applications to tribunals);

(o)section 72(4A) (powers of tribunals), subject to article 5;

(p)section 117(2A) (after-care);

(q)section 127(2A) (ill-treatment of patients);

(r)the definitions of “supervision application” and “responsible after-care bodies” in section 145(1) (interpretation), and

(s)section 145(1A) (interpretation).

(2) None of the provisions saved by paragraph (1) shall operate to allow a Primary Care Trust or a Local Health Board to accept a supervision application on or after the commencement day.

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