The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

Conveyance to hospital on transfer

27.—(1) Where the conditions of regulation 23(2), 24(4) or 26(2), as the case may be, are satisfied, the authority for transfer given in accordance with those regulations will be sufficient authority for the following persons to take the patient and convey him or her to the hospital to which the patient is being transferred within the periods specified—

(a) in a case to which regulation 23(2) applies, an officer of the managers of either hospital, or any person authorised by those managers, within the period of 28 days beginning with the date of the authority for transfer;

(b) in a case to which regulation 24(4) applies, an officer of, or any person authorised by, a 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 24(4)(c).

(c) in a case to which regulation 26 applies, an officer of, or any other person authorised by the managers of the hospital to which the patient is being transferred, within the period of 72 hours beginning with the time of the patient’s detention pursuant to the patient’s recall under section 17E.

(2) Paragraph (1) also applies 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 23(2);

(b) is liable to be detained in a special hospital and who, pursuant to a direction given by the Welsh Ministers under section 123(1) or (2), is removed to another special hospital or transferred to another hospital, as if that direction were an authority for transfer given in accordance with regulation 23(2).

(3) In a case to which regulation 23(6)(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 he or she is being transferred.