MHA 1983 s91

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

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

Overview of the MHA 1983
Plain text for printing
Legislation.gov.uk

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

Related cases

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.   No results

See also

[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 [Note that the chapter number relates to the old Reference Guide], 27. Transfer of patients to Northern Ireland [Note that the chapter number relates to the old Reference Guide], 28. Transfer of patients to the Isle of Man or the Channel Islands [Note that the chapter number relates to the old Reference Guide], 29. Removal of foreign patients [Note that the chapter number relates to the old Reference Guide] — 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)

Law

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.]

Amendments