The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

Conveyance to hospital on transfer from hospital or guardianship

11.—(1) Where the conditions of regulation 7(2) or 8(2) are satisfied, the authority for transfer given in accordance with those regulations shall be sufficient authority for the following persons to take the patient and convey the patient to the hospital to which the patient is being transferred within the periods specified—

(a) in a case to which regulation 7(2) applies—

(i) an officer of the managers of either hospital, or

(ii) any person authorised by the managers of the hospital to which the patient is being transferred,

within the period of 28 days beginning with the date of the authority for transfer;

(b) in a case to which regulation 8(2) applies—

(i) an officer of, or

(ii) any person authorised by,

the responsible local social services authority, within the period of 14 days beginning with the date on which the patient was last examined by a medical practitioner for the purposes of regulation 8(2)(b).

(2) Paragraph (1) shall apply to a patient who—

(a) is liable to be detained under the Act and is removed to another hospital in circumstances to which section 19(3) applies, as if the authority given by the managers for that transfer were an authority for transfer given in accordance with regulation 7(2);

(b) is liable to be detained in a hospital at which high security psychiatric services are provided and who, pursuant to a direction given by the Secretary of State under section 123(1) or (2) (transfers to and from special hospitals), is removed or transferred to another hospital, as if that direction were an authority for transfer given in accordance with regulation 7(2).

(3) In a case to which regulation 7(5)(a) applies, an officer of or any other person authorised by the managers of the registered establishment may take and convey the patient to the registered establishment to which the patient is being transferred.