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Mental Health (Scotland) Act 1984, Section 81A is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 M1Mental 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
F1S. 81A inserted (1.10.1997) by 1997 c. 43, s. 48, Sch. 3, Pt. II, para. 8; S.I. 1997/2200, art. 2
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