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

Removal to Scotland of hospital patients from Northern Ireland

6.—(1) If it appears to the responsible authority that it is in the interests of the patient who is for the time being subject to guardianship under the Mental Health (Northern Ireland) Order 1986 to remove him to Scotland, and arrangements have been made for receiving him into guardianship there, the responsible authority may authorise his removal to Scotland and may give any necessary directions for his removal to his destination.

(2) If it appears to the responsible authority that it is in the interests of the patient who is for the time being liable to be detained under that Order (otherwise than by virtue of Article 42, 43 or 45 of that Order), and that arrangements have been made for admitting him to a hospital, or where he is not admitted to a hospital, for his detention in hospital to be authorised by virtue of the 2003 Act or the 1995 Act, the responsible authority may authorise his removal to Scotland and may give any necessary directions for his removal to his destination.

(3) In this article–

(a) “the responsible authority” means the Department of Health, Social Services and Public Safety for Northern Ireland or, in relation to a patient who is subject to a restriction order or restriction direction in terms of Article 47 or 55 of the Mental Health (Northern Ireland) Order 1986, the Secretary of State; and

(b) references to a patient’s “detention in hospital to be authorised by virtue of the 2003 Act or the 1995 Act” shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the 2003 Act is in operation.