MHA 1983 s80
Change made by Mental Health Act 2007
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- WS v MHTS  CSIH 74 — WS had been transferred from an English medium secure unit to the state hospital at Carstairs in Scotland under s80 MHA 1983. (1) His appeal to the MHTS under s220 Mental Health (Care and Treatment) (Scotland) Act 2003 ("Appeal to Tribunal against transfer under section 218 to state hospital") was misconceived because he had not been transferred under s218. (2) The appropriate remedies would have been (a) a judicial review in England of the English s80 decision or (b) an appeal under the Scottish s264 ("Detention in conditions of excessive security: state hospitals"). (3) An order under s264 would oblige the Health Board to search for suitable accommodation in England if necessary.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 26. Transfer of patients to Scotland — paragraphs 26.3 to 26.13
Removal of patients to Scotland
80.—(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 [...] 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 [...] there [or, where he is not to be admitted to a hospital, for his detention in hospital to be authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995], the Secretary of State may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination.
(7) In this section "hospital" has the same meaning as in the [Mental Health (Care and Treatment) (Scotland) Act 2003].
[(8) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.]