(1)If in the case of a person to whom this section applies the Secretary of State is satisfied by the like reports as are required for the purposes of section 70 of this Act that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of this Act the Secretary of State may make a direction (in this Act referred to as “a transfer direction”) in respect of him.
(2)This section applies to the following persons, that is to say—
(a)persons serving sentences of imprisonment;
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)persons detained under the M1Immigration Act 1971 [F2or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)].
(3)Subsections (2), (4) and (5) of section 70 of this Act shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer order thereunder, with the substitution for any references to the sheriff of a reference to the Secretary of State.
(4)[F3Subject to section 71A of this Act,] a transfer direction with respect to any person shall have the like effect as a hospital order made in his case.
(5)Where a transfer direction is given in respect of any person that person may, within one month of his transfer to a hospital thereunder, appeal to the sheriff to cancel the direction, and the sheriff shall cancel the direction unless he is satisfied that the grounds are satisfied upon which an application may be made for the admission of the person to a hospital under Part V of this Act; and, if a transfer direction is so cancelled, the Secretary of State shall direct that the person be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed.
(6)Subsections (2), (3) and (4) of section 35 of this Act shall apply to an appeal under subsection (5) of this section in like manner as they apply to an appeal referred to in that section.
(7)References in this section to a person serving a sentence of imprisonment include references—
(a)to a person detained in pursuance of any sentence or order for detention made by a court F4. . . (other than an order under [F5section 54, 57, 118 or 190 of the Criminal Procedure (Scotland) Act 1995], or under any enactment to which section 69 of this Act applies);
(b)to a person committed by a court to a prison or other institution to which the M2Prisons (Scotland) Act 1952, applies in default of payment of any fine to be paid on his conviction.
Textual Amendments
F1s. 71(2)(b) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4)
F2Words in s. 71(2)(c) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 62(11)(a), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
F3Words in s. 71(4) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 9(4) (with s. 33(6)); S.I. 1997/1712, art. 3
F4Words in s. 71(7)(a) repealed (1.10.1993) by 1993 c. 9, ss. 4(2), 5, 6, 10, 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4)
F5Words in s. 71(7)(a) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 50(6)
Modifications etc. (not altering text)
C1S. 71 extended (1.1.1998) by 1997 c. 48, s. 9(1)(d) (with s. 33(6)); S.I. 1997/2323, art. 4, Sch. 2
Marginal Citations