Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter X : General Provisions

74. Transitional arrangements
Purchase cart Previous page Return to chapter overview Next page

 

(1)The transitional arrangements in this section must be read and applied as substantive provisions of this Act.

 

(2)Anything done before the commencement of this Act in terms of the laws repealed is regarded as done under this Act and continues to be of force and effect –
(a)except if it is inconsistent with this Act; or
(b)until it is set aside or repealed.

 

(3)Any proceedings instituted or procedures conducted under the laws repealed by this Act, must be disposed of as if this Act has not been enacted.

 

(4)Any person who in terms of the laws repealed by this Act was considered a voluntary patient, must on the commencement of this Act be dealt with in terms of section 25.

 

(5)
(a)Any person who in terms of the laws repealed by this Act was regarded as a patient by consent, is at the commencement of this Act deemed to be an assisted mental health care user and for purposes of section 30 must be reviewed within six months.
(b)Any review done within six months before the commencement of this Act is deemed to be a six months review in terms of section 30.

 

(6)
(a)Any person issued with a detention order in terms of the laws repealed by this Act, is on the commencement of this Act deemed to be an involuntary mental health care user and for purposes of section 37 must be reviewed within six months.
(b)Any review done within six months before the commencement of this Act is deemed to be a six months review in terms of section 37.

 

(7)
(a)Any person who in terms of the laws repealed by this Act, was regarded as a State patient or mentally ill prisoner must, on the commencement of this Act, be dealt with in terms of Chapters VI and VII, respectively, and for purposes of sections 46 and 55, respectively, be reviewed within six months.
(b)Any review done within six months before the commencement of this Act is deemed to be a six months review in terms of sections 46 and 55, respectively.

 

(8)Any certificate issued in terms of section 43 or 44 of the laws repealed by this Act continues to be of force and effect but the duration of the certificate may not be extended on its expiry.