MHA 1983 s86

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

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][1] 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][2] and is detained pursuant to—

(a) an application for admission for treatment or [a report under Article 12(1) or 13 of that Order];[2]
(b) a hospital order under section 37 above or [Article 44 of that Order];[2] or
(c) an order or direction under this Act (other than under section 35, 36 or 38 above) or [under that Order (other than under Article 42, 43 or 45 of that Order][2] having the same effect as such a hospital order.

(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—

(a) by warrant authorise the removal of the patient from the place where he is receiving treatment as mentioned in subsection (1) above, and
(b) give such directions as the Secretary of State thinks fit for the conveyance of the patient to his destination in that country or territory and for his detention in any place or on board any ship or aircraft until his arrival at any specified port or place in any such country or territory.

(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][3] 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][1] [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].[4]

Amendments

  1. 1.0 1.1 Mental Health Act 2007 s1 & sch 1; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. 2.0 2.1 2.2 2.3 Mental Health (Northern Ireland Consequential Amendments) Order 1986
  3. Transfer of Tribunal Functions Order 2008 wef 3/11/08
  4. Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 sch 14 para 28, wef 12/4/10

Wales

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:

(i) a restriction order made under s41
(ii) a hospital direction made under s45A(3)(a)
(iii) a limitation direction made under s45A(3)(b)
(iv) a restriction direction made under s49