SCHEDULES

SCHEDULE 6TRANSITIONAL PROVISIONS

14

1

Subject to sub-paragraphs (2) and (3), this Order applies to a patient who immediately before the appointed day is, or is treated as if he were, subject to—

a

a hospital order;

b

a guardianship order;

c

an order restricting discharge;

d

a transfer direction;

e

a direction restricting discharge; or

f

an order or direction having the like effect as any of the above,

made or given under any provision of the 1961 Act as if that order or direction had been made or given under the corresponding provision of this Order.

2

Where immediately before the appointed day—

a

a patient is subject to a hospital order, guardianship order or transfer direction made or given under the 1961 Act;

b

the authority for his detention or guardianship has been renewed under section 32 of that Act for a further period of two years which has not expired; and

c

less than one year of that period has expired,

the authority for his detention or guardianship under this Order shall expire at the end of the period of one year from the date on which it was last renewed under section 32.

3

Where apart from this paragraph a transfer direction given before the appointed day would by virtue of Article 56(3) have ceased to have effect before that date it shall cease to have effect on the appointed day.