View source for S81 text

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'''Removal of patients to Northern Ireland'''

81.—(1) If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained or subject to guardianship under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Northern Ireland, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to Northern Ireland and may give any necessary directions for his conveyance to his destination.

(2)	Subject to the provisions of subsections (4) and (5) below, where a patient liable to be detained under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and admitted to a hospital in Northern Ireland, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction <!--is "an order or direction" replaced with "a restriction order or a restriction direction"?-->made or given, on that date under the corresponding enactment in force in Northern Ireland, and, [where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in this Act, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment]<ref name="MHA4">[[Mental Health Act 2007]] s39, sch 5 para 5; [[Mental Health Act 2007 (Commencement No. 4) Order 2008]] wef 1/4/08</ref> in force in Northern Ireland.

(3)	Where a patient subject to guardianship under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and received into guardianship in Northern Ireland, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment in force in Northern Ireland, and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date.

(4)	Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for assessment under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if he had been admitted to the hospital in pursuance of an application [for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986]<ref name="NI">[[Mental Health (Northern Ireland Consequential Amendments) Order 1986]]</ref> made on the date of his admission.

(5)	Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for treatment under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if [he were detained for treatment under Part II of the Mental Health (Northern Ireland) Order 1986 by virtue of a report under Article 12(1) of that Order made on the date of his admission].<ref name="NI"/>

(6)	Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of section 47(5) above) imposed by a court in England and Wales, he shall be treated as if the sentence had been imposed by a court in Northern Ireland.

(7)	Where a person removed under this section was immediately before his removal subject to a [...]<ref name="MHA3">[[Mental Health Act 2007]] s40; [[Mental Health Act 2007 (Commencement No. 3) Order 2007]]. (Omitting "restriction order or" in each place, but for saving provisions, see {{mha change|time limited}})</ref> restriction direction of limited duration, '''['''the [...]<ref name="MHA3"/>  restriction direction''']'''<ref name="NI"/> to which he is subject by virtue of subsection (2) above shall expire on the date on which [the first-mentioned]<ref name="NI"/> [...]<ref name="MHA3"/> restriction direction would have expired if he had not been so removed.

(8)	In this section "hospital" has the same meaning as in the Mental Health [(Northern Ireland) Order 1986].<ref name="NI"/>

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