Part VI Removal and Return of Patients Within United Kingdom, etc.
F1Removal to and from Scotland
80ZAF2Transfer of responsibility for community patients to Scotland
1
If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (2) below are met, the authority may authorise the transfer of responsibility for him to Scotland.
2
The conditions are—
a
a transfer under this section is in the patient's interests; and
b
arrangements have been made for dealing with him under enactments in force in Scotland corresponding or similar to those relating to community patients in this Act.
3
The appropriate national authority may not act under subsection (1) above while the patient is recalled to hospital under section 17E above.
4
In this section, “the appropriate national authority” means—
a
in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State;
b
in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.
S. 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)