MHA 1983 s91
Changes made by Mental Health Act 2007
- New cross-border arrangements for leave and transfer 3/11/08
- Restriction orders can no longer be time-limited 1/10/07
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[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, 26. Transfer of patients to Scotland, 27. Transfer of patients to Northern Ireland, 28. Transfer of patients to the Isle of Man or the Channel Islands, 29. Removal of foreign patients — paragraphs 26.14 to 26.16, 26.23 (Scotland), 27.12 to 27.15 (NI) 28.13 to 28.14 (IoM/CI), and 29.9 (other)
General provisions as to patients removed from England and Wales
91.—(1) Subject to subsection (2) below, where a patient liable to be detained or subject to guardianship by virtue of an application, order or direction under Part II or III of this Act (other than section 35, 36 or 38 above) is removed from England and Wales in pursuance of arrangements under this Part of this Act, the application, order or direction shall cease to have effect when he is duly received into a hospital or other institution, or placed under guardianship [or, where he is not received into a hospital but his detention in hospital is authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995], in pursuance of those arrangements.
(2) Where the Secretary of State exercises his powers under section 86(2) above in respect of a patient who is detained pursuant to a hospital order under section 37 above and in respect of whom a restriction order is in force, those orders shall continue in force so as to apply to the patient if he returns to England and Wales [...].
[(2A) Where responsibility for a community patient is transferred to a jurisdiction outside England and Wales (or such a patient is removed outside England and Wales) in pursuance of arrangements under this Part of this Act, the application, order or direction mentioned in subsection (1) above in force in respect of him shall cease to have effect on the date on which responsibility is so transferred (or he is so removed) in pursuance of those arrangements.]
[(3) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.]
- Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
- Mental Health Act 2007 s40; Mental Health Act 2007 (Commencement No. 3) Order 2007 (omitting the words “at any time before the end of the period for which those orders would have continued in force”, but for saving provisions see Restriction orders can no longer be time-limited 1/10/07)
- Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08