s 48 Right of appeal against
(1) In section 37 of the principal Act (which makes pro vision for the transfer of patients)— (a) in subsection (1)(b) the words “ or be transferred to a hospital with the consent of the Mental Welfare Commission and of the board of management of the hos. pital ” shall cease to have effect ; (b) in subsection (3), paragraph (d) shall cease to have effect ; and (c) after subsection (3) there shall be inserted the following subsection— “*(4) Where a patient is transferred to a State hospital under subsection (1)(a)(i) of this section he or his nearest relative may, within twenty-eight days of the date of the transfer, appeal by way of summary application to a sheriff of the sheriffdom within which the hospital from which the patient was transferred is situated against the decision of the board of management to transfer the patient; and on any such appeal the sheriff shall order the return of the patient to the hospital from which he was transferred unless he is satisfied that the patient, on account of his dangerous, violent or criminal propensities, requires treatment under conditions of special security, and cannot suitably be cared for in a hospital other than a State hospital.”. General 38. There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.