PART 11

TRANSFER BETWEEN JURISDICTIONS
CHAPTER 1

REMOVAL OF PERSONS FROM NORTHERN IRELAND

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

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