The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 No. 462 (C. 31)

SCHEDULE 4 Transitional provision in relation to functions under the 1983 Act

3.—(1) Where a report required to be given to the Secretary of State before the appointed day under subsection (1) of section 61(1) of the 1983 Act (review of treatment), had not been so given, that report shall be given to the regulatory authority.

(2) A notice given by the MHAC under subsection (3) of section 61(2) of the 1983 Act shall be treated on and after the appointed day as a notice given by the regulatory authority.

(1)

Subsection (1) was amended by the Mental Health (Patients in the Community) Act 1995 (c.52), section 2(5) and by the 2007 Act, sections 12(4)(a), 28(5)(a) and 34(3).

(2)

See subsection (3A) of section 61 of the 1983 Act, as inserted by the 2007 Act section 12(4)(d) for the person to whom such notice is to be given.