SCHEDULES

SCHEDULE 3Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

Part IIAmendments of the 1984 Act

Transfers from Northern Ireland to Scotland

8After section 81 of the 1984 Act there shall be inserted the following section—

“81ATransfer of responsibility for patients to Scotland from Northern Ireland.

(1)If it appears to the relevant Minister, in the case of a patient who—

(a)is subject to a restriction order under Article 47(1) of the [S.I. 1986/596 (N.I.4).] Mental Health (Northern Ireland) Order 1986; and

(b)has been conditionally discharged under Article 48(2) or 78(2) of that Order,

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

(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 section 64 or 68 of this Act; and

(b)as if he were subject to a restriction order within the meaning of this Act.

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

(4)In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.”