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The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
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- 2008 No. 1184
- PART 2
- Regulation 9
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Transfer of community patients recalled to hospital
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9.—(1) The managers of a hospital in which a community patient is detained, having been recalled to hospital, may authorise the transfer of that patient to another hospital.
(2) Where the hospital to which the patient has been recalled and the hospital to which the patient is being transferred are not under the same management, a transfer may only take place if the requirements of paragraphs (3) to (5) are satisfied.
(3) Those requirements are that the managers of the hospital to which the patient was recalled—
(a)authorise the transfer of the patient in the form set out in Part 1 of Form CTO6, and
(b)are satisfied that arrangements have been made for the admission of the patient to the hospital to which the patient is being transferred.
(4) The managers of the hospital from which the patient is being transferred shall furnish the managers of the hospital to which the patient is being transferred with a copy of Form CTO4 (record of patient’s detention in hospital after recall) before, or at the time of, the patient’s transfer.
(5) On the transfer of the patient, the managers of the hospital to which the patient is transferred shall record the patient’s admission in the form set out in Part 2 of Form CTO6.
(6) Where—
(a)a patient has been recalled to a registered establishment, and
(b)that patient is maintained under a contract with a Strategic Health Authority, Local Health Board, Primary Care Trust, National Health Service trust, National Health Service foundation trust, a Special Health Authority or the Welsh Ministers,
any authority for transfer required under paragraph (3)(a) may be given by an officer of that authority, board or trust authorised by that authority, board or trust in that behalf, or by those Ministers, instead of the managers.
(7) The functions of the managers referred to in this regulation may be performed by an officer authorised by them in that behalf.
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