Modifications etc. (not altering text)
C1Pt. III (ss. 35 - 55) certain defintions applied (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2
(1)Subject to subsection (2) below, a transfer direction given in respect of any such person as is described in paragraph (c) or (d) of section 48(2) above shall cease to have effect on the expiration of the period during which he would, but for his removal to hospital, be liable to be detained in the place from which he was removed.
(2)Where a transfer direction and a restriction direction have been given in respect of any such person as is mentioned in subsection (1) above, then, if the Secretary of State is notified by the [F2responsible clinician] , any other [F3approved clinician] or [F4the appropriate tribunal] at any time before the expiration of the period there mentioned—
(a)that that person no longer requires treatment in hospital for mental disorder; or
(b)that no effective treatment for his disorder can be given in the hospital to which he has been removed,
the Secretary of State may by warrant direct that he be remitted to any place where he might have been detained if he had not been removed to hospital, and on his arrival at the place to which he is so remitted the transfer direction and the restriction direction shall cease to have effect.
Textual Amendments
F1S. 53: words in heading substituted (10.2.2003) by virtue of 2002 c. 41, ss. 62(10)(b), 162 (with s. 129); S.I. 2003/1, art. 2, Sch
F2Words in s. 53(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(5)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F3Words in s. 53(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(5)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F4Words in s. 53(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 44