The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

Mental Health Act 1983

28.—(1) Amend the Mental Health Act 1983(1) as follows.

(2) In section 82(7) (responsible authority for the purposes of moving patients from Northern Ireland to England and Wales) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

(3) In section 82A (transfer of responsibility for conditionally discharged patients)—

(a) in subsection (1) for “the relevant Minister” and “that Minister” substitute “the Department of Justice in Northern Ireland”;

(b) omit subsection (4).

(4) In section 86(4) (removal of alien patients) after “that Order” insert “and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland”.

(5) At the end of section 139(4) (exclusion from protection for acts done in pursuance of Act) insert “or against the Department of Justice in Northern Ireland”.

(1)

1983 c. 20. Section 82 was amended by S.I. 1986/595; and the Mental Health Act 2007 (c. 12), Schedule 5, paragraph 8. Section 82A was inserted by the Crime (Sentences) Act 1997 (c. 43), section 48 and Schedule 3, paragraph 3; and amended by Schedule 5 to the Mental Health Act 2007 (c. 12), Schedule 5, paragraph 9. Section 86 was amended by the Mental Health Act 2007, Schedule 1, paragraph 15; and S.I. 2008/2833. Section 139 was amended by S.I. 2007/961. There are other amendments to the Act, but none are relevant.