sec.389Transfer to another corrective services facility or health institution

### sec.389 Transfer to another corrective services facility or health institution An order made under previous section 53(1) for a prisoner— continues in force according to its terms; and is taken to be an order made by the chief executive under section 68(1) for the prisoner. Subsection (3) applies if, immediately before the commencement— a prisoner had asked, under previous section 53(5), for a review of a decision transferring the prisoner; and the chief executive had not confirmed, amended or cancelled the decision. The chief executive must reconsider the decision as if the prisoner had made an application for the reconsideration under section 71(2). If, immediately before the commencement, a prisoner was entitled under previous section 53(5) to ask for a review of a decision transferring the prisoner, but had not asked, the prisoner may apply under section 71(2) for a reconsideration of the decision. To remove any doubt, it is declared that section 68(5) applies to a person who, before the commencement, was a prisoner who was transferred to an authorised mental health service and became a classified patient under the Mental Health Act 2000 . (sec.389-ssec.1) An order made under previous section 53(1) for a prisoner— continues in force according to its terms; and is taken to be an order made by the chief executive under section 68(1) for the prisoner. (sec.389-ssec.2) Subsection (3) applies if, immediately before the commencement— a prisoner had asked, under previous section 53(5), for a review of a decision transferring the prisoner; and the chief executive had not confirmed, amended or cancelled the decision. (sec.389-ssec.3) The chief executive must reconsider the decision as if the prisoner had made an application for the reconsideration under section 71(2). (sec.389-ssec.4) If, immediately before the commencement, a prisoner was entitled under previous section 53(5) to ask for a review of a decision transferring the prisoner, but had not asked, the prisoner may apply under section 71(2) for a reconsideration of the decision. (sec.389-ssec.5) To remove any doubt, it is declared that section 68(5) applies to a person who, before the commencement, was a prisoner who was transferred to an authorised mental health service and became a classified patient under the Mental Health Act 2000 . - (a) continues in force according to its terms; and - (b) is taken to be an order made by the chief executive under section 68(1) for the prisoner. - (a) a prisoner had asked, under previous section 53(5), for a review of a decision transferring the prisoner; and - (b) the chief executive had not confirmed, amended or cancelled the decision.