Mental Health Act 1983

80 Removal of patients to Scotland. E+W+S

(1) If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained or subject to guardianship under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Scotland, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination.

(2) Subject to the provisions of subsection (4) below, where a patient liable to be detained under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and admitted to a hospital in Scotland, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application forwarded to the Health Board responsible for the administration of the hospital, or an order or direction made or given, on that date under the corresponding enactment in Scotland, and, where he is subject to a restriction order or restriction direction under any enactment in this Act, as if he were subject to [F1 a restriction order or restriction] direction under the corresponding enactment in force in Scotland.

(3) Where a patient subject to guardianship under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and received into guardianship in Scotland, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment in force in Scotland, and as if the application had been forwarded or, as the case may be, the order or direction had been made or given on that date.

(4) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for assessment under this Act, he shall, on his admission to a hospital in Scotland, be treated as if he had been admitted to the hospital in pursuance of an emergency recommendation under the [F2 Mental Health (Scotland) Act 1984] made on the date of his admission.

(5) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of section 47(5) above) imposed by a court in England and Wales, he shall be treated as if the sentence had been imposed by a court in Scotland.

(6) Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration, [F3 the restriction order or restriction direction to which he is subject by virtue of subsection (2) of this section shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.]

(7) In this section “hospital” has the same meaning as in the [F4 Mental Health (Scotland) Act 1984].

Textual Amendments

F1 Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), s. 41(2), Sch. 1 para. 2, Sch. 2 para. 1(a) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(d)

F2 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127, Sch. 3 para. 51

F3 Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), s. 41(2), Sch. 1 para 2, Sch. 2 para. 1(b) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(d)

F4 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127, Sch. 3 para. 51