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[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
Removal of alien patients
86.—(1) This section applies to any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient who is receiving treatment for [mental disorder] as an in-patient in a hospital in England and Wales or a hospital within the meaning of the Mental Health [(Northern Ireland) Order 1986] and is detained pursuant to—
(2) If it appears to the Secretary of State that proper arrangements have been made for the removal of a patient to whom this section applies to a country or territory outside the United Kingdom, the Isle of Man and the Channel Islands and for his care or treatment there and that it is in the interests of the patient to remove him, the Secretary of State may, subject to subsection (3) below—
(3) The Secretary of State shall not exercise his powers under subsection (2) above in the case of any patient except with the approval of [the appropriate tribunal] or, as the case may be, of the Mental Health Review Tribunal for Northern Ireland.
[(4) In relation to a patient receiving treatment in a hospital within the meaning of the Mental Health (Northern Ireland) Order 1986, the reference in subsection (1) above to mental disorder shall be construed in accordance with that Order] [and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland].
Under the Welsh Ministers (Transfer of Functions) Order 2008, with effect from 10/7/08, the functions under section 86, so far as exercisable in relation to Wales, are transferred to the Welsh Ministers - except in relation to a patient who is subject to one or more of: