PART 11TRANSFER BETWEEN JURISDICTIONS

CHAPTER 1REMOVAL OF PERSONS FROM NORTHERN IRELAND

Removal to other parts of UK of persons detained under Part 2

254Removal of persons detained under Part 2 to England or Wales

1

This section applies if it appears to the Department that the conditions for removal to England or Wales are met in the case of a person (“P”) who is detained in a hospital in circumstances amounting to a deprivation of liberty in pursuance of an authorisation under paragraph 15 of Schedule 1.

2

The Department may authorise P's removal to England or Wales and may give any necessary directions for P's conveyance there.

3

The conditions for removal to England or Wales are that—

a

P lacks capacity in relation to the question whether he or she should be removed to England or (as the case may be) Wales;

b

it would be in P's best interests to remove P there; and

c

arrangements have been made for admitting P to a hospital in England or Wales in which care or treatment which is appropriate in P's case is available for P.

4

Where P is removed from Northern Ireland under this section, the authorisation ceases to have effect when P is admitted to a hospital in England or Wales.

5

In subsection (3)(c) and (4) “hospital” has the same meaning as in the 1983 Act.

255Removal of persons detained under Part 2 to Scotland

1

This section applies if it appears to the Department that the conditions for removal to Scotland are met in the case of a person (“P”) who is detained in a hospital in circumstances amounting to a deprivation of liberty in pursuance of an authorisation under paragraph 15 of Schedule 1.

2

The Department may authorise P's removal to Scotland and may give any necessary directions for P's conveyance there.

3

The conditions for removal to Scotland are that—

a

P lacks capacity in relation to the question whether he or she should be removed to Scotland;

b

it would be in P's best interests to remove P to Scotland; and

c

arrangements have been made—

i

for admitting P to a hospital in Scotland in which care or treatment which is appropriate in P's case is available for P; or

ii

where P is not to be admitted to a hospital, for P's detention in hospital in Scotland to be authorised by virtue of the 2003 Act.

4

Where P is removed from Northern Ireland under this section, the authorisation ceases to have effect—

a

when P is duly received into a hospital in Scotland; or

b

where P is not received into a hospital but P's detention in hospital is authorised by virtue of the 2003 Act, when P's detention is so authorised.

5

In subsections (3)(c) and (4) “hospital” has the same meaning as in the 2003 Act.