SCHEDULES

SCHEDULE 10Transitional provisions and savings

Authority to detain etc

2

1

The provisions mentioned in sub-paragraph (4) do not affect—

a

the authority for the detention or guardianship of a person who is liable to be detained or subject to guardianship under the 1983 Act immediately before the date on which those provisions come into force,

b

the 1983 Act in relation to any application, order or direction for admission or removal to a hospital, or any guardianship application or order, made under that Act before that date or the exercise, before that date, of any power to remand,

c

the power to make on or after that date an application for the admission of a person to a hospital, or a guardianship application, where all the recommendations on which the application is to be founded are signed before that date, or

d

the authority for the detention or guardianship of a person in pursuance of such an application.

2

But those provisions do apply to the following events occurring on or after that date—

a

any renewal of the authority for the person's detention or guardianship,

b

any consideration of his case by F1the First-tier Tribunal or the Mental Health Review Tribunal for WalesF1, and

c

any decision about the exercise of any power to discharge him from detention or guardianship.

3

Sub-paragraph (2)(b) is subject to paragraph 4.

4

The provisions are—

a

section 1 and Schedule 1 (removal of categories of mental disorder),

b

section 2 (special provision for persons with learning disability),

c

section 3 (exclusions),

d

section 4 (replacement of “treatability” and “care” tests with appropriate treatment test),

e

section 5 (addition of appropriate treatment test),

f

section 7 (definition of “medical treatment”), and

g

the repeals in Schedule 11 which are consequential on any of those sections or that Schedule.