The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

Removal to England and Wales of hospital patients from Scotland

2.—(1) This article applies to a patient whose detention in hospital was authorised by virtue of the 2003 Act or the 1995 Act immediately before the removal of the patient to England and Wales under regulations made under section 290 of the 2003 Act.

(2) Where a patient to whom this article applies is admitted to a hospital in England and Wales, he shall be treated–

(a) as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the enactment to which he was subject immediately before his removal; and

(b) where he is subject to a measure under any enactment in force in Scotland restricting his discharge, as if he were subject to an order or direction under the enactment in force in England and Wales which most closely corresponds to the enactment restricting his discharge to which he was subject immediately before his removal.

(3) Where a patient to whom this article applies was immediately before his removal liable to be detained under the 2003 Act by virtue of a transfer for treatment direction, given while he was serving a sentence of imprisonment (within the meaning of section 136(9) of the 2003 Act) imposed by a court in Scotland, he shall be treated as if the sentence had been imposed by a court in England and Wales.

(4) Where a patient to whom this article applies was immediately before his removal subject to a hospital direction or transfer for treatment direction, the restriction direction or limitation direction under the Mental Health Act 1983 to which he is subject by virtue of paragraph (2) shall expire on the date on which either of the two first-mentioned directions would have expired if he had not been so removed.

(5) Where a patient to whom this article applies was immediately before his removal liable to be detained under the 2003 Act by virtue of a hospital direction, he shall be treated as if any sentence of imprisonment passed at the time at which the hospital direction was made had been imposed by a court in England and Wales.

(6) Any directions given by the Scottish Ministers under regulations made under section 290 of the 2003 Act as to removal of the patient to a hospital in England and Wales shall have effect as if they had been given under the Mental Health Act 1983(1).

(7) In this article references to a hospital in England and Wales shall be construed as references to a hospital within the meaning of Part 2 of the Mental Health Act 1983.

(1)

1983 c. 20.