PART 5RESTRICTION ORDERS
Conditional Discharge24
1
Where before 5th October 2005 a restricted patient has been conditionally discharged under sections 64(2) or 68(2) of the 1984 Act, that patient shall be treated as if–
a
the Tribunal had made an order that the patient be conditionally discharged under section 193(7) of the 2003 Act; and
b
the conditions imposed under sections 64(2) or 68(2) of the 1984 Act had been imposed by the Tribunal.
2
Where before 5th October 2005 the sheriff has deferred a direction for conditional discharge under section 64(7) of the 1984 Act,
a
that section shall continue to have effect in respect of the patient in question until a direction for conditional discharge has been made; and
b
once the direction for conditional discharge has been made the patient shall be treated as mentioned in paragraph (1).
3
Where in the 28 day period ending with 5th October 2005 a 1995 Act patient has been conditionally discharged and subsequently recalled under section 68(3) of the 1984 Act and has not appealed against such recall, that patient shall be treated as if recalled under section 202 of the 2003 Act.