Mental Health (Scotland) Act 1984

Removal to and from Northern Ireland S+N.I.

80 Removal of patients to Northern Ireland. S+N.I.

(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 or subject to guardianship under this Act, that it is in the interests of the patient to remove him to Northern Ireland, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to Northern Ireland and may give any necessary directions for his conveyance to his destination.

(2) Subject to the provisions of subsection (4) of this section, where a patient who is liable to be detained under this Act by virtue of an application, order or direction under any enactment in force in Scotland is removed under this section and admitted to a hospital in Northern Ireland, he shall be treated 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 corresponding enactment in force in Northern Ireland, and, where he is subject to an order or direction under any enactment in this Act restricting his discharge, as if he were subject to [F1 a restriction order or a restriction direction] under the corresponding enactment in force in Northern Ireland.

(3) Where a patient who is subject to guardianship under this Act by virtue of an application or order under any enactment in force in Scotland is removed under this section and received into guardianship in Northern Ireland, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application or order under the corresponding enactment in force in Northern Ireland, and as if the application had been accepted or, as the case may be, the order had been made on that date.

(4) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if [F2 he were detained for treatment under Part II of the Mental Health (Northern Ireland) Order 1986 by virtue of a report under Article 12(1) of that Order made on the date of his admission].

(5) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of section 71(7) of this Act) imposed by a court in Scotland, he shall be treated as if the sentence had been imposed by a court in Northern Ireland.

(6) Where a person removed under this section was immediately before his removal subject to a restriction order or a restriction direction, being an order or direction of limited duration, [F3 the restriction order or restriction direction] to which he is subject by virtue of subsection (2) of this section shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.

[F4 (6A) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a hospital direction made by a court in Scotland, 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 Northern Ireland.]

(7) In this section “hospital” has the same meaning as in the Mental Health [F5 (Northern Ireland) Order 1986].

Textual Amendments

F1 Words substituted by S.I. 1986/596, art. 3(2)

F2 Words substituted by S.I. 1986/596, art. 3(3)

F3 Words substituted by S.I. 1986/596, art. 3(4)

F4 S. 80(6A) inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(9) (with s. 33(6)); S.I. 1997/2323, art. 4, Sch. 2

F5 Words substituted by S.I. 1986/596, art. 3(5)

[F6 80A Transfer of responsibility for patients to Northern Ireland. S+N.I.

(1) 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 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 Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

(b) as if he were subject to a restriction order under the corresponding enactment in force in Northern Ireland.]

Textual Amendments

F6 S. 80A inserted (1.10.1997) by 1997 c. 43, s. 48, Sch. 3 Pt. II para. 7; S.I. 1997/2200, art. 2

81 Removal to Scotland of patients from Northern Ireland. S+N.I.

(1) If it appears to the responsible authority, in the case of a patient who is for the time being liable to be detained or subject to guardianship under the Mental Health [F7 (Northern Ireland) Order 1986 (otherwise than by virtue of Article 42, 43 or 45 of that Order)], 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 or, as the case may be, for receiving him into guardianship there, the responsible authority may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination.

(2) Subject to the provisions of [F8 subsections (4) and (4A)] of this section, where a patient who is liable to be detained under [F8 the Mental Health (Northern Ireland) Order 1986] by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and admitted to a hospital in Scotland, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application forwarded to the managers of the hospital, or an order or direction made or given, on that date under the corresponding enactment in force in Scotland and, where he is subject to [F8 a restriction order or restriction direction under that Order], as if he were subject to a restriction order or a restriction direction under the corresponding enactment in force in Scotland.

(3) Where a patient who is subject to guardianship under [F9 the Mental Health (Northern Ireland) Order 1986] by virtue of an application or order under any enactment in force in Northern Ireland is removed under this section and received into guardianship in Scotland, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application or order under the corresponding enactment in force in Scotland and as if the application had been forwarded or, as the case may be, the order had been made on that date.

[F10 (4) Where a person removed under this section was immediately before his removal liable to be detained for treatment by virtue of a report under Article 12(1) or 13 of the Mental Health (Northern Ireland) Order 1986, he shall be treated on his admission to a hospital in Scotland as if he had been admitted thereto in pursuance of an application for admission forwarded to the managers of that hospital on the date of his admission.

(4A) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986, he shall be treated on his admission to a hospital in Scotland, as if he had been admitted thereto in pursuance of an emergency recommendation made on the date of his admission.]

(5) Where a patient removed under this section was immediately before his removal liable to be detained under the Mental Health [F11 (Northern Ireland) Order 1986], by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of [F11 Article 53(5) of that Order]) imposed by a court in Northern Ireland, he shall be treated as if the sentence had been imposed by a court in Scotland.

(6) Where a patient removed under this section was immediately before his removal subject to [F12 a restriction order or restriction direction] of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) of this section shall expire on the date on which the [F12 first-mentioned restriction order or restriction direction] would have expired if he had not been so removed.

(7) In this section “the responsible authority” means the Department of Health and Social Services for Northern Ireland or, in relation to a patient who is subject to [F13 restriction order or restriction direction], the Secretary of State.

Textual Amendments

F7 Words substituted by S.I. 1986/596, art. 3(6)

F8 Words substituted by S.I. 1986/596, art. 3(7)

F9 Words substituted by S.I. 1986/596, art. 3(8)

F10 S. 81(4)(4A) substituted by S.I. 1986/596, art. 3(9)

F11 Words substituted by S.I. 1986/596, art. 3(10)

F12 Words substituted by S.I. 1986/596, art. 3(11)

F13 Words substituted by S.I. 1986/596, art. 3(12)

[F14 81A Transfer of responsibility for patients to Scotland from Northern Ireland. S+N.I.

(1) If it appears to the relevant Minister, in the case of a patient who—

(a) is subject to a restriction order under Article 47(1) of the M1 Mental Health (Northern Ireland) Order 1986; and

(b) has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

(2) Where responsibility for such a patient is transferred under this section, 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 a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction 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.

(4) In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.]

Textual Amendments

F14 S. 81A inserted (1.10.1997) by 1997 c. 43, s. 48, Sch. 3, Pt. II, para. 8; S.I. 1997/2200, art. 2

Marginal Citations

M1 S.I. 1986/596 (N.I.4).