Mental Health Act 2016
sec.826Existing applications to tribunal
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sec.826 Existing applications to tribunal
Subsection (2) applies if any of the following applications was made under the repealed Act, chapter 6 but not decided before the commencement— an application for a review; an application for approval to administer electroconvulsive therapy on a person; an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure. The review or application may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced. However, the repealed Act, chapter 6, part 5A does not apply. If— an application for approval to perform psychosurgery was made under the repealed Act, chapter 6 but not decided before the commencement; and the application was not an application mentioned in subsection (1)(c); on the commencement, the application lapses. (sec.826-ssec.1) Subsection (2) applies if any of the following applications was made under the repealed Act, chapter 6 but not decided before the commencement— an application for a review; an application for approval to administer electroconvulsive therapy on a person; an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure. (sec.826-ssec.2) The review or application may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced. (sec.826-ssec.3) However, the repealed Act, chapter 6, part 5A does not apply. (sec.826-ssec.4) If— an application for approval to perform psychosurgery was made under the repealed Act, chapter 6 but not decided before the commencement; and the application was not an application mentioned in subsection (1)(c); on the commencement, the application lapses.
- (a) an application for a review;
- (b) an application for approval to administer electroconvulsive therapy on a person;
- (c) an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.
- (a) an application for approval to perform psychosurgery was made under the repealed Act, chapter 6 but not decided before the commencement; and
- (b) the application was not an application mentioned in subsection (1)(c);