# What is the correct s47/49 section date?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616>\
**Category:** Mental Health Act\
**Tags:** restricted-patients\
**Created:** [2 June 2023 09:10 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616 "2023-06-02T09:10:52Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![anonymous20](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/e9bcb4/32.png) [@anonymous20](https://forum.mentalhealthlaw.co.uk/u/anonymous20)\
**Post date:** [2 June 2023 09:10 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616/1 "2023-06-02T09:10:52Z")

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If a transfer direction for a section 47/49 is dated for example 16th September 2020, but the patient was not admitted to hospital until a week later, does the section date begin on the date of the transfer direction or the date of admission to hospital?

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [2 June 2023 09:55 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616/2 "2023-06-02T09:55:50Z")

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It’s the date of the direction; see Schedule 1 of the MHA.

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [5 June 2023 14:47 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616/3 "2023-06-05T14:47:28Z")

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I can’t find anything in [schedule 1](https://www.mentalhealthlaw.co.uk/MHA_1983_sched_1) directly about the start date of s47/49 detention, but I think your conclusion must be right.

Schedule 1, Part 1, para 6 applies [s20](https://www.mentalhealthlaw.co.uk/MHA_1983_s20) (Duration of authority) to unrestricted Part 3 patients, modifying it so that detention begins on “the date of the relevant order or direction under Part III of this Act”. Section 20 does not apply to restricted patients, but it would be odd not to apply the same principle.

Also, [s70](https://www.mentalhealthlaw.co.uk/MHA_1983_s70) provides for tribunal eligibility periods which are based on “the date of the relevant … transfer direction”.