61ATransfer of person to suitable hospital

1

Subsection (2) below applies in relation to a person who is subject to—

a

an assessment order,

b

a treatment order,

c

an interim compulsion order, or

d

a temporary compulsion order (see section 54(1)(c) of this Act).

2

The person's responsible medical officer may transfer the person from the specified hospital to another hospital.

3

The responsible medical officer may transfer the person only if satisfied that, for the purpose for which the order in question is made—

a

the specified hospital is not suitable, and

b

the other hospital is suitable.

4

In considering the suitability of each hospital, the responsible medical officer is to have particular regard to the specific requirements and needs in the person's case.

5

As far before the transfer as practicable, the responsible medical officer must—

a

inform the person of the reason for the transfer,

b

notify the managers of the specified hospital, and

c

obtain the consent of—

i

the managers of the other hospital, and

ii

the Scottish Ministers.

6

As soon after the transfer as practicable, the responsible medical officer must notify—

a

any solicitor known by the officer to be acting for the person, and

b

the court which made the order in question.

7

A person may be transferred under subsection (2) above only once with respect to the order in question.

8

Where a person is transferred under subsection (2) above, the order in question has effect as if the other hospital were the specified hospital.

9

In this section—

• “managers” has the meaning given by section 329(1) of the Mental Health (Treatment and Care) Scotland) Act 2003,

• “responsible medical officer” has the meaning given by section 329(4) of that Act,

• “specified hospital” means hospital to which the person is admitted by virtue of the order in question.