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SCHEDULES

SCHEDULE 10U.K.Minor and consequential amendments

Mental Health Act 1983 (c. 20)U.K.

18U.K.In section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc), in subsection (5)(a), for the words “under any enactment to which section 46 applies” substitute “ made in consequence of a finding of insanity or unfitness to stand trial ”.

19U.K.In section 69 of that Act (application to tribunals concerning patients subject to hospital orders etc), in subsection (2)(a)—

(a)for “below,” substitute “ below or ”;

(b)omit “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”.

20U.K.In section 71 of that Act (references by Home Secretary concerning restricted patients) omit subsections (5) and (6).

21U.K.In section 79 of that Act (interpretation of Part 5), in subsection (1)—

(a)for paragraph (a) substitute—

(a)is treated by virtue of any enactment as subject to a hospital order and a restriction order; or;

(b)omit paragraph (b).

22U.K.In section 84 of that Act (removal to England and Wales of offenders found insane in Channel Islands and Isle of Man), in subsection (2), for the words from “had been” to the end substitute “ were subject to a hospital order together with a restriction order, made without limitation of time ”.

23(1)Schedule 5 to that Act (transitional and saving provisions) is amended as follows.U.K.

(2)For paragraph 21 substitute—

21Any direction to which section 71(4) of the Mental Health Act 1959 applied immediately before the commencement of this Act shall have the same effect as a hospital order together with a restriction order, made without limitation of time.

(3)In paragraph 37(2), for “direction under section 46 of this Act” substitute “ hospital order together with a restriction order, made without limitation of time ”.