View source for Restriction orders can no longer be time-limited

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Previously [[restriction order]]s made by the Crown Court under [[s41]] could be "either without limit of time or during such period as may be specified in the order". If the patient were in hospital at that date the restriction order would cease and he would be detained as if made subject to a hospital order on that date; if he had been conditionally discharged then on the date he would become absolutely discharged.

From 1/1/07 s40 [[MHA 2007]] removes the ability to make time-limited restriction orders, which was rarely used anyway. No change is made to existing orders. 

S40 will amend [[s41]](1) (making restriction orders) and [[s42]](4)(b) (relating to recall), removing references to time-limited restriction orders. It will also amend [[s44]](3) (committal to hospital), [[s84]](2), [[s81]](7), [[s81A]](3) and [[s91]](2) (which all relate to the removal and return of patients within UK) by removing all references to time-limited restriction orders, but these amendments will have no effect in respect of:

:"(a)   a restriction order for a specified period made before subsection (1) comes into force, or

:(b)   an order made outside England and Wales which is treated under the 1983 Act as if it were a restriction order for a specified period."

==Extract from Explanatory Notes==
'''Section 40: Restriction orders '''

168. Section 40 amends section 41 of the 1983 Act to remove the power of the Crown Court 
to make restriction orders under section 41 for a limited period. As a result, restriction orders 
imposed by the Court will remain in force until they are discharged by the Secretary of State 
for Justice or the MHRT. The section also makes consequential changes to other provisions 
of the 1983 Act. 

==Commencement==
{{mha change info|1/1/07|3|40|[[s41]], [[s42]], [[s44]], [[s81]], [[s81A]], [[s84]], [[s91]]|3/11/08|7|s55, sch 11|[[s41]], [[s42]], [[s44]], [[s81]], [[s81A]], [[s84]], [[s91]]}}

==Resources==
[[Mental Health Act 2007 Explanatory Notes]] - page 31

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