MHA 1983 s92
Changes made by Mental Health Act 2007
- New cross-border arrangements for leave and transfer 3/11/08
- Mental disorder no longer split into separate classifications 3/11/08
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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], 26. Transfer of patients to Scotland [Note that the chapter number relates to the old Reference Guide], 27. Transfer of patients to Northern Ireland [Note that the chapter number relates to the old Reference Guide], 28. Transfer of patients to the Isle of Man or the Channel Islands [Note that the chapter number relates to the old Reference Guide], 29. Removal of foreign patients [Note that the chapter number relates to the old Reference Guide] — chapters 25 to 29 (passim)
Interpretation of Part VI
92.—(1) References in this Part of this Act to a hospital, being a hospital in England and Wales, shall be construed as references to a hospital within the meaning of Part II of this Act.
[(1A) References in this Part of this Act to the responsible clinician shall be construed as references to the responsible clinician within the meaning of Part 2 of this Act.]
(2) Where a patient is treated by virtue of this Part of this Act as if he had been removed to a hospital in England and Wales in pursuance of a direction under Part III of this Act, that direction shall be deemed to have been given on the date of his reception into the hospital.
[(4) Sections 80 to 85A above shall have effect as if—
- (a) any hospital direction under section 45A above were a transfer direction under section 47 above; and
- (b) any limitation direction under section 45A above were a restriction direction under section 49 above.
(5) Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.]
- Mental Health Act 2007 s39 & sch 5, s55 & sch 11; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
- Crime (Sentences) Act 1997