Mental Health (Scotland) Act 1984

Other provisions as to removal E+W+S

82 Removal of certain patients from Channel Islands and Isle of Man to Scotland. S

(1) The Secretary of State may by warrant direct that any offender found by a court in any of the Channel Islands or in the Isle or Man to be insane or to have been insane at the time of the alleged offence, and ordered to be detained during Her Majesty’s pleasure, be removed to a hospital in Scotland.

(2) A patient removed under this section shall, on his reception into the hospital in Scotland, be treated as if he had been removed to that hospital in pursuance of an order under [F1 section 57(2)(a) and (b) of the Criminal Procedure (Scotland) Act 1995].

(3) The Secretary of State may by warrant direct that any patient removed under this section from any of the Channel Islands or from the Isle of Man be returned to the Island from which he was so removed, there to be dealt with according to law in all respects as if he had not been removed under this section.

Textual Amendments

F1 Words in s. 82(2) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 9(10) (with s. 33(6)); S.I. 1997/1712, art. 3, Sch

[F2 82A Responsibility for patients transferred from Channel Islands or Isle of Man to Scotland. E+W+S

(1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 82B of this Act.

(2) The patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 64 or 68 of this Act; and

(b) as if he were subject to a restriction order within the meaning of this Act.

(3) Where the patient was immediately before the transfer subject to an order restricting his discharge, being an order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.]

Textual Amendments

F2 S. 82A inserted (1.10.1997) by 1997 c. 43, s. 48, Sch. 3 Pt. II para. 9; S.I. 1997/2200, art. 2

[F3 82B Transfer of responsibility for patients to Channel Islands or Isle of Man. E+W+S

If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order under section 59 of the M1 Criminal Procedure (Scotland) Act 1995; and

(b) has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.]

Textual Amendments

F3 S. 82B inserted (1.10.1997) by 1997 c. 43, s. 48, Sch. 3 Pt. II para. 10; S.I. 1997/2200, art. 2

Marginal Citations

M1 1995 c.46.

83 Removal of alien patients. S

If it appears to the Secretary of State, in the case of any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the M2 Immigration Act 1971 and who is receiving treatment for mental illness [F4 (including personality disorder)] as an in-patient in a hospital in Scotland, that proper arrangements have been made for the removal of that patient to a country or territory outside the United Kingdom, the Isle of Man and the Channel Islands and for his care or treatment there, and that it is in the interests of the patient to remove him, the Secretary of State may by warrant authorise the removal of the patient from the place where he is receiving treatment as aforesaid, and may give such directions as the Secretary of State thinks fit for the conveyance of the patient to his destination in that country or territory and for his detention in any place or on board any ship or aircraft until his arrival at any specified port or place in any such country or territory.

Textual Amendments

F4 Words in s. 83 inserted (13.9.1999) by 1999 asp 1, s. 3(1)(b)

Marginal Citations

M2 1971 c. 77.