MHA 1983 s81A

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part VI contents

80, 80ZA, 80A, 80B, 80C, 80D, 81, 81ZA, 81A, 82, 82A, 83, 83ZA, 83A, 84, 85, 85ZA, 85A, 86, 87, 88, 89, 90, 91, 92

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Overview of the MHA 1983
Plain text for printing
Legislation.gov.uk

Changes made by Mental Health Act 2007

• New cross-border arrangements for leave and transfer 3/11/08
• Restriction orders can no longer be time-limited 1/10/07

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See also

[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, 27. Transfer of patients to Northern Ireland [Note that the chapter number relates to the old Reference Guide] — paragraphs 27.16 to 27.18

Law

Transfer of responsibility for patients to Northern Ireland

81A.—(1) If it appears to the Secretary of State, in the case of a patient who—

[(a) is subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above;]

(b) has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

(b) as if he were subject to [a hospital order and a restriction order, or to a transfer direction and a restriction direction,] under the corresponding enactment in force in Northern Ireland.

(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a [...] restriction direction of limited duration, the [...] restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned [...] direction would have expired if the transfer had not been made.

Amendments