The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005

Transfer directions

29.—(1) A transfer direction patient shall be treated as if that patient was subject to a transfer for treatment direction made under section 136 of the 2003 Act on the day the transfer direction was made and as if liable to be detained by virtue of the 2003 Act.

(2) The transfer for treatment direction is deemed to specify the hospital specified in the transfer direction.

(3) Notwithstanding section 213(6) of the 2005 Act, the relevant day in respect of a transfer direction patient is the day which falls 2 years after the day when the transfer direction under the 1984 Act was made or the anniversary of that day, whichever falls in the period of 12 months prior to 5th October 2005.

(4) Where a transfer direction patient has made an appeal under section 30, 63 or 71(5) of the 1984 Act that patient shall be treated–

(a) where the appeal was made in any period of 12 months beginning with the date of the transfer direction under which that patient was detained, as if an application had been made to the Tribunal under section 214 of the 2003 Act in the period mentioned in section 214(6)(a); or

(b) where the appeal was made in any subsequent period of 12 months, as if an application had been made to the Tribunal under section 214 of the 2003 Act in the period mentioned in section 214(6)(b).

(5) The effect of section 70(2) of the 1984 Act as applied by section 71(3) of that Act shall continue in respect of any transfer direction patient until that patient has been conveyed to hospital or the direction has expired.