SCHEDULE 5 Transitional and Saving Provisions
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The words in section 42(1) of this Act which derive from the amendment of section 66(1) of the M1Mental Health Act 1959 by section 28(1) of the Mental Health (Amendment) Act 1982 and the provisions of this Act which derive from section 28(3) of and Schedule 1 to that Act have effect in relation to a restriction order or, as the case may be, a restriction direction made or given before 30th September 1983 as well as in relation to one made or given later, but—
(a)
any reference to a tribunal under section 66(6) of the said Act of 1959 in respect of a patient shall be treated for the purposes of subsections (1) and (2) of section 77 of this Act in their application to sections 70 and 75(2) of this Act as an application made by him; and
(b)
sections 71(5) and 75(1)(a) of this Act do not apply where the period in question has expired before 30th September 1983.