PART 1

The health service in England

Functions relating to mental health matters

Transfers to and from special hospitals
42
1
Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
2
In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)—
a
after paragraph (c), insert “or”,
b
omit the “or” following paragraph (d), and
c
omit paragraph (e).
3
In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”.
4
In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999.
5
This section does not affect—
a
the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section,
b
that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or
c
the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
S. 42 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)