Subsection (4)(h) removes section 68 subsection (7) of the 1983 Act so that there is no longer an automatic referral following the revocation of a CTO. In practice, it was found that this automatic referral was an ineffective safeguard, as often the patient is either back in the community subject to a new CTO or they have reverted to a section 3 patient, before the Tribunal has reviewed their case.
	Where a patient’s CTO is revoked, by virtue of section 17G of the 1983 Act (effect of revoking CTO), the patient is treated as if they have been admitted pursuant to an application for admission for treatment. Subsection (2) amends section 17G(5) to include reference to section 68. This amendment allows the automatic referral periods in the new subsection (4A)(b) to apply afresh from the date on which the CTO is revoked. For such patients, a hospital manager will be under a duty to make a referral to the Tribunal on the expiry of three months, 12 months and thereafter each subsequent period of 12 months from the date that the CTO was revoked.
	Section 19 of the 1983 Act governs the regulations that may be prescribed in relation to the transfer of patients. Section 19(2)(d) provides that where a patient is transferred from guardianship to a hospital, they are treated as having been admitted to hospital for treatment from the date that the guardianship application is accepted. Subsection (3) inserts reference to section 68 to the new subsection 19(2A), which is inserted by section 28 subsection (2) of the Act after section 19 subsection (2) of the 1983 Act. The effect of this provision is to treat transferred guardianship patients, for the purpose of section 68, as having been admitted for treatment on the date that they are transferred to hospital. This amendment allows the automatic referrals in the new subsection (4A)(b) to apply to transferred guardianship patients. For such patients, an automatic referral will arise on the expiry of three months, 12 months and thereafter each subsequent period of 12 months from the date of the transfer.
	As revoked CTO patients and patients transferred from guardianship are treated as patients who are admitted to hospital on the date of the revocation or transfer, such patients would fall within section 68 subsection (1)(b) of the 1983 Act (admission for treatment). Consequently, section 68(1)(d) and (e) of the 1983 Act is repealed by subsection (4)(a) and section 68 subsection (5)(d) is repealed by subsection (4)(f)(iii) as these provisions are no longer necessary.
	Subsection (7) amends Part 1 of Schedule 1, paragraph 10 of the 1983 Act, to ensure that Part 3 guardianship order patients who are transferred to hospital and Part 3 CTO patients whose CTO is revoked and a period of more than six months has passed since the courts first made an order under Part 3 of the 1983 Act have the same automatic referral periods as Part 2 patients who have been transferred from guardianship to hospital and Part 2 patients whose CTO has been revoked.
Periods for applications and references to the tribunal Section 31: References to tribunal Revoked community treatment order patients and patients transferred from guardianship to hospital