PART 1The health service in England

Functions relating to mental health matters

I142Transfers to and from special hospitals

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.