MHA 1983 s82

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part VI contents

80, 80ZA, 80A, 80B, 80C, 80D, 81, 81ZA, 81A, 82, 82A, 83, 83ZA, 83A, 84, 85, 85ZA, 85A, 86, 87, 88, 89, 90, 91, 92

All Parts

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

Change made by Mental Health Act 2007

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

See also

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

Law

Removal to England and Wales of patients from Northern Ireland

82.—(1) If it appears to the responsible authority, in the case of a patient who is for the time being liable to be detained or subject to guardianship under the Mental Health [(Northern Ireland) Order 1986 (otherwise than by virtue of Article 42, 43 or 45 of that Order)],[1] that it is in the interests of the patient to remove him to England and Wales, 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 responsible authority may authorise his removal to England and Wales and may give any necessary directions for his conveyance to his destination.

(2) Subject to the provisions of [subsections (4) and (4A)][1] below, where a patient who is liable to be detained under the [Mental Health (Northern Ireland) Order 1986][1] by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and admitted to a hospital in England and Wales, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment in force in England and Wales and, [where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in that Order, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment][2] [in force in England and Wales.][1]

(3) Where a patient subject to guardianship under the [Mental Health (Northern Ireland) Order 1986][1] by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and received into guardianship in England and Wales, 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 England and Wales and as if the application had been accepted 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 for treatment by virtue of a report under Article 12(1) or 13 of the Mental Health (Northern Ireland) Order 1986, he shall be treated, on his admission to a hospital in England and Wales, as if he had been admitted to the hospital in pursuance of an application for admission for treatment made on the date of his admission.

(4A) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986, he shall be treated, on his admission to a hospital in England and Wales, as if he had been admitted to the hospital in pursuance of an application for admission for assessment made on the date of his admission.][1]

(5) Where a patient removed under this section was immediately before his removal liable to be detained under the [Mental Health (Northern Ireland) Order 1986][1] by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of [Article 53(5) of that Order][1]) imposed by a court in Northern Ireland, he shall be treated as if the sentence had been imposed by a court in England and Wales.

(6) Where a person removed under this section was immediately before his removal subject to [a restriction order or restriction direction][1] of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the [first-mentioned restriction order or restriction direction][1] would have expired if he had not been so removed.

(7) In this section "the responsible authority" means the Department of Health and Social Services for Northern Ireland or, in relation to a patient who is subject to [a restriction order or restriction direction],[1] the [Department of Justice in Northern Ireland].[3]

Amendments

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Mental Health (Northern Ireland Consequential Amendments) Order 1986
  2. Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07
  3. Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 sch 14 para 28, wef 12/4/10