MHA 1983 s80D
Change made by Mental Health Act 2007
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[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 25. Transfer of patients from outside England and Wales [Note that the chapter number relates to the old Reference Guide] — chapter 25
Transfer of conditionally discharged patients from Scotland
[80D.—(1) This section applies to a patient who is subject to—
- (a) a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and
- (b) a conditional discharge under section 193(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act").
(2) A transfer of the patient to England and Wales under regulations made under section 290 of the 2003 Act shall have effect only if the Secretary of State has consented to the transfer.
(3) If a transfer under those regulations has effect, the patient shall be treated as if—
- (a) on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
- (b) he were subject to a hospital order under section 37 above and a restriction order under section 41 above.
(4) If the restriction order to which the patient was subject immediately before the transfer was of limited duration, the restriction order to which he is subject by virtue of subsection (3) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.]
- Inserted by Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07. This section does not extend to Scotland