39Eligible persons

#### 39 Eligible persons (1) A person is taken, for the purposes of the new Act, to be approved under Part 2.3 of the new Act as a recipient of \*community care if, immediately before the commencement day, the person is a person to whom paragraph (d) of the definition of eligible person in subsection 2(1) of the 1954 Act applies. (2) For the purposes of the new Act, if, under subsection (1), a person is taken to be so approved: (a) the approval lapses if the person is not, or has not been, provided with \*community care within the period specified in the instrument of approval relating to the person’s approval made under the General Conditions under section 10GI of the 1954 Act; and (b) the reference in paragraph 23-1(b) of the new Act to section 23-3 of the new Act is taken, in relation to the person, to be a reference to paragraph (a) of this subsection; and (c) section 23-3 of the new Act does not apply in relation to the person. (3) If the approval in force under the 1954 Act in respect of the person contained a limitation that the Secretary could have imposed under subsection 22-2(1) of the new Act, the approval is taken, for the purposes of the new Act, to be so limited.