SCHEDULES

SCHEDULE 8Amendments of Mental Health Order

48

I11

Article 83 (procedure of Tribunal) is amended as follows.

I12

In paragraph (2)(a) and (i) omit “under this Order”.

3

In paragraph (4)—

a

for “restricted patients” substitute “ persons within paragraph (4A) ”;

b

for “restricted patient” substitute “ person within paragraph (4A) ”.

4

After that paragraph insert—

4A

A person is within this paragraph if any of the following is in force in respect of the person—

a

a public protection order with restrictions (within the meaning of Part 10 of the 2016 Act);

b

a hospital direction (within the meaning of that Part of that Act);

c

a direction under section 211 of that Act.

I15

In paragraph (5)—

a

omit “by this Order or by rules under this Article”;

b

at the end insert “ (but this is subject to any rules under this Article) ”.

I16

After paragraph (8) insert—

9

Any reference in this Article to a patient includes a person by or in respect of whom an application or reference to the Review Tribunal is made under the 2016 Act or any other statutory provision.