Part VIU.K. Removal and Return of Patients Within United Kingdom, etc.

[F1Removal to and from Scotland]E+W+S

Textual Amendments

F1S. 80: cross-heading substituted (1.4.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 2 (with Sch. 10); S.I. 2008/745, art. 3(f)

80 Removal of patients to Scotland.E+W+S

(1)If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained F2. . . under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Scotland, and that arrangements have been made for admitting him to a hospital F2. . . there, [F3or, where he is not to be admitted to a hospital, for his detention in hospital to be authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995] the Secretary of State may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination.

(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F5Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration, [F6the restriction order or restriction direction F7. . . shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.]]

(7)In this section “hospital” has the same meaning as in the [F8Mental Health (Care and Treatment)(Scotland) Act 2003] .

[F9(8)Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 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 Act of 2003 is in operation.]

Textual Amendments

F2Words in s. 80(1) omitted (1.4.2008) and repealed (28.10.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 55, 56, Sch. 5 para. 2, Sch. 11 Pt. 7 (with Sch. 10); S.I. 2008/745, art. 3(f); S.I. 2008/2788, art. 2

F4S. 80(2)-(5) repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2 and repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005, art. 1(1), Sch. 3

F5S. 80(6) repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order (S.I. 2005/2078), art. 16, {Sch. 3}