MHA 1983 s80ZA
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, 26. Transfer of patients to Scotland [Note that the chapter number relates to the old Reference Guide] — paragraph 26.18
Transfer of responsibility for community patients to Scotland
[80ZA.—(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.]
- Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08. This section does not extend to Scotland.