MHA 1983 s82A

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

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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

[Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland][1]

82A.[2]—(1) If it appears to [the Department of Justice in Northern Ireland],[3] in the case of a patient who—

(a) is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the Mental Health (Northern Ireland) Order 1986; and
(b) has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, [the Department of Justice in Northern Ireland],[3] may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
[(b) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above.][1]

(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction 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 order or direction would have expired if the transfer had not been made.

(4) [...][3]

Amendments

  1. 1.0 1.1 Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07
  2. Crime (Sentences) Act 1997
  3. 3.0 3.1 3.2 Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 sch 14 para 28, wef 12/4/10