Mental Capacity Act (Northern Ireland) 2016

Removal of persons detained under Part 2 to Scotland

255.—(1) This section applies if it appears to the Department that the conditions for removal to Scotland are met in the case of a person (“P”) who is detained in a hospital in circumstances amounting to a deprivation of liberty in pursuance of an authorisation under paragraph 15 of Schedule 1.

(2) The Department may authorise P’s removal to Scotland and may give any necessary directions for P’s conveyance there.

(3) The conditions for removal to Scotland are that—

(a) P lacks capacity in relation to the question whether he or she should be removed to Scotland;

(b) it would be in P’s best interests to remove P to Scotland; and

(c) arrangements have been made—

(i) for admitting P to a hospital in Scotland in which care or treatment which is appropriate in P’s case is available for P; or

(ii) where P is not to be admitted to a hospital, for P’s detention in hospital in Scotland to be authorised by virtue of the 2003 Act.

(4) Where P is removed from Northern Ireland under this section, the authorisation ceases to have effect—

(a) when P is duly received into a hospital in Scotland; or

(b) where P is not received into a hospital but P’s detention in hospital is authorised by virtue of the 2003 Act, when P’s detention is so authorised.

(5) In subsections (3)(c) and (4) “hospital” has the same meaning as in the 2003 Act.