MHA 1983 s53

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part III contents

35, 36, 37, 38, 39, 39A, 40, 41, 42, 43, 44, 45, 45A, 45B, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54A, 55

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Change made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Further provisions as to civil prisoners and persons detained under the [Immigration Acts][1]

53.—(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 [responsible clinician],[2] any other [approved clinician][2] or [the appropriate tribunal][3] 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 af 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.

Amendments

  1. The section heading was amended by Nationality, Immigration & Asylum Act 2002
  2. 2.0 2.1 Mental Health Act 2007 s11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  3. Transfer of Tribunal Functions Order 2008 wef 3/11/08