MHA 1983 s85A

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

[Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man][1]

85A.[2]—(1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.

(2) 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 hospital direction and a limitation direction under section 45A above, or to a transfer direction under section 47 above and a restriction direction under section 49 above.][3]

(3) Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order[, limitation direction][3] 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.

Amendments

  1. Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. Crime (Sentences) Act 1997
  3. 3.0 3.1 Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07