Emergency Measures in the Public Interest (Covid-19) Act 2020


Amendment of section 28 of Act of 2001

19. Section 28 of the Act of 2001 is amended—

(a) in subsection (3)(b), by the substitution of “entitled, subject to subsection (6),” for “entitled”,

(b) in subsection (5), by the substitution of “sections 17 to 19 shall, subject to subsection (6),” for “sections 17 to 19 shall”, and

(c) by the insertion of the following subsection after subsection (5):

“(6) In the case of a review to which subsection (5) applies—

(a) subsections (2) and (4) of section 18 shall not apply, and

(b) a decision under section 18(1) shall be made as soon as is reasonably practicable having regard to—

(i) the exigencies of the public health emergency, and

(ii) the need for the tribunal to afford priority to reviews relating to patients who are being detained pursuant to an admission order or a renewal order.”.