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Mental Health (Care and Treatment) (Scotland) Act 2003

Section 218: transfer of patients between hospitals

393.Section 218 provides for the transfer by hospital managers of patients subject to compulsion orders combined with restriction orders, hospital directions or transfer for treatment directions. The hospital managers may transfer patients between hospitals provided that the managers of the hospital receiving the patient and the Scottish Ministers consent to the transfer. The managers of the hospital that is proposing to transfer a patient have a duty to notify the patient and the patient’s named person at least 7 days before the proposed transfer unless it is necessary that the patient is transferred urgently or the patient consents to the transfer. Where the 7-day period of notice has not been given because the transfer was a matter of urgency then notice should be given to the patient and the patient’s named person as soon as practicable.

394.Where the patient and the named person have been notified of the patient’s proposed transfer to another hospital but the transfer has not taken place within 3 months of the notice being given, the transfer can take place only if the managers of the receiving hospital still agree to the transfer and the patient and the patient’s named person have once again been given 7 days’ notice, unless the matters in subsections (5) and (7) apply.

395.Where the patient has been transferred, the managers of the hospital from which the patient was transferred must notify the Commission within 7 days of the transfer having taken place. The notification should include the information listed in subsection (13).

396.Subsection (14) provides that, following a transfer, the order or direction to which the patient is subject has effect as if the hospital the patient was transferred to the hospital specified in the order or direction.

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