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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Persons to be detained under Part 10 after removal from England or Wales
This section has no associated Explanatory Notes

260.—(1) This section applies where—

(a)a person (“P”) is removed from England and Wales to Northern Ireland by virtue of Part 6 of the 1983 Act; and

(b)immediately before being removed, P is subject to—

(i)a hospital order;

(ii)a hospital direction (within the meaning of the 1983 Act); or

(iii)a transfer direction.

(2) Immediately after P’s admission to an appropriate establishment in Northern Ireland in pursuance of arrangements made for the purposes of his or her removal from England or Wales, the relevant trust must notify RQIA of P’s admission.

(3) The relevant trust must also arrange for a report in the prescribed form, containing prescribed information, to be made by the responsible medical practitioner and given to the relevant trust within the period of 28 days beginning with the day P is admitted to the appropriate establishment.

(4) Where a report under subsection (3) is given to the relevant trust, that trust must as soon as practicable give RQIA a copy of the report.

(5) Where (immediately before being removed from England or Wales) P is of a description mentioned in the first column of the following table, an order or direction of a kind mentioned in the corresponding entry of the second column of the table, specifying the appropriate establishment, is treated as having been made or given in respect of P.

Description of personOrder or direction treated as made
Person subject to a hospital order and a restriction orderPublic protection order with restrictions that provides as mentioned in section 167(4)(b)(i) (no time limit for treating the order as a PPO with restrictions)
Person subject to a hospital order but not a restriction orderPublic protection order without restrictions
Person subject to a hospital direction (within the meaning of the 1983 Act)Hospital direction under section 174
Person subject to a transfer direction given by virtue of section 47(1) of the 1983 ActHospital transfer direction under section 211
Person subject to a transfer direction given by virtue of section 48(2)(a) of the 1983 ActHospital transfer direction under section 220
Person subject to a transfer direction given by virtue of section 48(2)(c) or (d) of the 1983 ActHospital transfer direction under section 214

(6) An order or direction is to be treated as having been made or given under subsection (5), for the purposes mentioned in the first column of the following table, on the date mentioned in the corresponding entry in the second column of the table.

PurposeDate on which order or direction treated as made
Duration for which P may be detained under section 179 and calculation of the “initial period” for the purposes of section 181 (where P is treated as being subject to a public protection order without restrictions)Date of P’s arrival in Northern Ireland
Calculation of the “release date” within the meaning given by section 199 (where P is treated as being subject to a hospital direction made under section 174)Date on which the hospital direction (within the meaning of the 1983 Act) was made
Right to apply to the Tribunal under the first entry in the table in section 225(1)Date on which the hospital order, hospital direction (within the meaning of the 1983 Act) or transfer direction was made
Calculation of the “relevant date” for the purposes of section 229(3) (referral of case to the Tribunal)Date on which the hospital order, hospital direction (within the meaning of the 1983 Act) or transfer direction was made

(7) The first report under section 193 (where P is treated as being subject to a public protection order with restrictions) must be made—

(a)if the most recent report on P under section 41(6) of the 1983 Act was made more than 6 months before P’s arrival in Northern Ireland, not later than 6 months after P’s arrival there, or

(b)otherwise, not later than 12 months after the most recent report under that section.

(8) Section 224(2) (direction ceasing to have effect if person not admitted within 14 days) does not apply to a hospital transfer direction which is treated as having been given under subsection (5).

(9) The date of P’s arrival in Northern Ireland is to be treated as being the end of a relevant period for the purposes of section 230 (duty to notify Attorney General).

(10) Where (immediately before being removed) P is subject to—

(a)a hospital direction (within the meaning of the 1983 Act), or

(b)a transfer direction made because P was serving a sentence of imprisonment (within the meaning of section 47 of that Act),

P is to be treated as if the sentence, order or committal in relation to which the direction has effect were a similar or corresponding sentence, order or committal imposed or made by a court in Northern Ireland.

(11) In this section—

“hospital order” has the same meaning as in the 1983 Act;

“relevant trust” means the HSC trust in whose area the appropriate establishment is situated;

“restriction order” has the same meaning as in the 1983 Act;

“transfer direction” has the same meaning as in the 1983 Act.

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