Section 48.
1E+W+SAfter section 80 of the 1983 Act there shall be inserted the following section—
(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 41 above; and
(b)has been conditionally discharged under section 42 or 73 above,
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 Scotland, 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 Scotland; and
(b)as if he were subject to a restriction order under the corresponding enactment in force in Scotland.
(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.”
2E+W+N.I.After section 81 of the 1983 Act there shall be inserted the following section—
(1)If it appears to the Secretary of State, in the case of a patient who—
(a)is subject to a restriction order or restriction direction under section 41 or 49 above; and
(b)has been conditionally discharged under section 42 or 73 above,
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 or restriction direction under the corresponding enactment in force in Northern Ireland.
(3)Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to 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) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.”
3E+W+N.I.After section 82 of the 1983 Act there shall be inserted the following section—
(1)If it appears to the relevant Minister, in the case of a patient who—
(a)is subject to a restriction order or restriction direction under Article 47(1) or 55(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 42 or 73 above; and
(b)as if he were subject to a restriction order or restriction direction under section 41 or 49 above.
(3)Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to 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) above shall expire on the date on which the first-mentioned order or direction 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.”
Marginal Citations
4E+WAfter section 83 of the 1983 Act there shall be inserted the following section—
If it appears to the Secretary of State, in the case of a patient who—
(a)is subject to a restriction order or restriction direction under section 41 or 49 above; and
(b)has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.”
5E+WAfter section 85 of the 1983 Act there shall be inserted the following section—
(1)This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.
(2)The patient shall be treated—
(a)as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
(b)as if he were subject to a restriction order or restriction direction under section 41 or 49 above.
(3)Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.”
F16E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 paras. 6-10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F17U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 paras. 6-10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F18U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 paras. 6-10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F19E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 paras. 6-10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F110E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 paras. 6-10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)