The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

Removal to Northern Ireland of hospital patients from Scotland

4.—(1) This article applies to a patient whose detention in hospital was authorised by virtue of the 2003 Act or the 1995 Act immediately before the removal of the patient to Northern Ireland under regulations made under section 290 of the 2003 Act.

(2) Subject to the provisions of paragraph (3) of this article, where a patient to whom this article applies is admitted to a hospital in Northern Ireland, he shall be treated–

(a) 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 enactment in force in Northern Ireland which most closely corresponds to the enactment to which he was subject immediately before his removal; and

(b) where he is subject to a measure under any enactment in force in Scotland restricting his discharge, as if he were subject to a restriction order or a restriction direction under the enactment in force in Northern Ireland which most closely corresponds to the enactment restricting his discharge to which he was subject immediately before his removal.

(3) Where a patient to whom this article applies was immediately before his removal liable to be detained by virtue of a compulsory treatment order under section 64 of the 2003 Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if he were detained for treatment under Part 2 of the Mental Health (Northern Ireland) Order 1986(1) by virtue of a report under Article 12(1) of that Order made on the date of his admission.

(4) Where a patient to whom this article applies was immediately before his removal liable to be detained under the 2003 Act by virtue of a transfer for treatment direction given while he was serving a sentence of imprisonment (within the meaning of section 136(9) of the 2003 Act) imposed by a court in Scotland, he shall be treated as if the sentence had been imposed by a court in Northern Ireland.

(5) Where a patient to whom this article applies was immediately before his removal subject to a transfer for treatment direction, the restriction direction under the Mental Health (Northern Ireland) Order 1986 to which he is subject by virtue of paragraph (2) shall expire on the date on which the first-mentioned direction would have expired if he had not been so removed.

(6) Where a patient to whom this article applies was immediately before his removal liable to be detained under the 2003 Act by virtue of a hospital direction, 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) Any directions given by the Scottish Ministers under regulations made under section 290 of the 2003 Act as to removal of the patient to a hospital in Northern Ireland shall have effect as if they had been given under the Mental Health (Northern Ireland) Order 1986.

(8) In this article “hospital” has the same meaning as in Article 2(2) of the Mental Health (Northern Ireland) Order 1986(2).

(1)

S.I. 1986/595 (N.I. 4). There have been amendments to Part 2 not relevant to this Order.

(2)

Article 2(2) was amended by S.I. 1994/429 (N.I. 2).