SCHEDULES

SCHEDULE 5 Transitional and Saving Provisions

4

(1)

Until the expiration of the period of two years beginning with the day on which the Mental Health (Amendment) Act 1982 was passed this Act shall have effect as if—

(a)

section 114 were omitted;

(b)

in section 145(1) the definition of an approved social worker were omitted and there were inserted in the appropriate place the following definition:—

““mental welfare officer” means an officer of a local social services authority appointed to act as mental welfare officer for the purposes of the Mental Health Act 1959 or this Act”;

(c)

for paragraph 16(e) of Schedule 4 there were substituted—

“(e)

in section 83(3)(a) for the words ”the Mental Health Act 1959’ there were substituted the words ”the Mental Health Act 1983”’;

(d)

for paragraph 47(e)(i) of Schedule 4 there were substituted—

“(i)

in sub-paragraph (1)(d) for the words ”the Mental Health Act 1959’ and ”Part IV or Part V’ there were substituted respectively the words ”the Mental Health Act 1983’ and ”Part II or III”’; and

(e)

for any reference to an approved social worker there were substituted a reference to a mental welfare officer.

(2)

Any appointment of a person as a mental welfare officer for the purposes of the Mental Health Act 1959 or this Act shall terminate at the expiration of the period mentioned in sub-paragraph (1) above but without prejudice to anything previously done by that person or to the continuation by an approved social worker of anything which is then in process of being done by that person.