Mental Health and Wellbeing Act 2022
775Neurosurgery for mental illness
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775 Neurosurgery for mental illness
(1) On and after the repeal of the Mental Health Act 2014, an application made under section 100(2) of that Act is taken to be an application made under section 120 if, immediately before that day the Mental Health Tribunal—
(a) has not started to hear the matter in relation to the application; or
(b) has started to hear the matter in relation to the application but not determined it.
(2) If, immediately before the repeal of the Mental Health Act 2014, the Tribunal has approved any application under section 100(2) of that Act and given approval for the performance of neurosurgery on a person, and that neurosurgery is not yet performed, on and after that repeal the approval is taken to be an approval for the performance of neurosurgery given under this Act.
(3) A psychiatrist who, immediately before the repeal of the Mental Health Act 2014 arranges for a neurosurgeon to perform neurosurgery on a person and has not complied with the requirements of section 104 of that Act must comply with section 123.