Part 1Amendments to Mental Health Act 1983
Chapter 7Restricted patients
40Restriction orders
1
In section 41(1) of the 1983 Act (restriction orders) omit the words “, either without limit of time or during such period as may be specified in the order”.
2
In section 42(4)(b) of the 1983 Act (powers in respect of patients subject to restriction orders) omit the words from “, and, if the restriction order was made for a specified period,” to the end.
3
In the following provisions omit the words “, made without limitation of time”—
a
section 44(3) of the 1983 Act (committal to hospital),
b
section 84(2) of the 1983 Act (removal from Islands), and
c
section 10(3)(a) of the Colonial Prisoners Removal Act 1884 (c. 31) (criminal lunatics).
4
In section 81(7) of the 1983 Act (removal to Northern Ireland: expiry of restriction order or direction) omit (in each place) “restriction order or”.
5
In section 81A(3) of the 1983 Act (transfer of responsibility for patient to Northern Ireland: expiry of restriction order or direction)—
a
omit (in each place) “restriction order or”, and
b
omit “order or”.
6
In section 91(2) of the 1983 Act (patients removed from England and Wales: revival of order on return) omit the words “at any time before the end of the period for which those orders would have continued in force”.
7
But subsections (3) to (6) shall have no effect in respect of—
a
a restriction order for a specified period made before subsection (1) comes into force, or
b
an order made outside England and Wales which is treated under the 1983 Act as if it were a restriction order for a specified period.