80ZATransfer 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.