MHA 1983 s85ZA
Change made by Mental Health Act 2007
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[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, 25. Transfer of patients from outside England and Wales — chapter 25
Responsibility for community patients transferred from Channel Islands or Isle of Man
[85ZA.—(1) This section shall have effect if there are in force in any of the Channel Islands or the Isle of Man enactments ("relevant enactments") corresponding or similar to those relating to community patients in this Act.
(2) If responsibility for a patient is transferred to England and Wales under a provision corresponding to section 83ZA(3) above, he shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales—
- (a) he had been admitted to the hospital in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the relevant enactments; and
- (b) a community treatment order had then been made discharging him from the hospital.
(3) "The responsible hospital", in his case, means the hospital to which he is treated as having been admitted by virtue of subsection (2) above, subject to section 19A above.
(4) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order.
(5) But the responsible clinician may only specify conditions under subsection (4) above which an approved mental health professional agrees should be specified.]
- Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08