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S88 text: Difference between revisions

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88.—(1) Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, any other part of the United Kingdom or the Channel Islands or the Isle of Man.
<div class="perm">
'''Patients absent from hospitals in England and Wales'''


(2) For the purposes of the enactments referred to in subsection (1) above, in their application by virtue of this section to Scotland, Northern Ireland, the Channel Islands or the Isle of Man, the expression "constable" includes a Scottish constable, an officer or constable of the Royal Ulster Constabulary, a member of the police in Jersey, an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, or a constable in the Isle of Man, as the case may be.
88.—(1) Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, [Northern Ireland].<ref name="MHA">[[Mental Health Act 2007]] s39 & sch 5, s55 & sch 11; [[Mental Health Act 2007 (Commencement No. 9) Order 2008]] wef 28/10/08</ref>


(3) For the purposes of the said enactments in their application by virtue of this section to Scotland or Northern Ireland, any reference to an approved social worker shall be construed as including a reference—
[(2)   For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression "constable" includes an officer or constable of the Police Service of Northern Ireland.]<ref name="MHA"/>


:(a) in Scotland, to any mental health officer within the meaning of the Mental Health (Scotland) Act 1960;
(3) For the purposes of the said enactments in their application by virtue of this section [...],<ref name="MHA"/> any reference to an [approved mental health professional]<ref name="MHA78">[[Mental Health Act 2007]] s21 & sch 2; [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] (England), [[Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008]] (Wales), wef 3/11/08</ref> shall be construed as including a reference—


:(b) in Northem Ireland, to any social worker within the meaning of the Mental Health Act (Northern Ireland) 1961.
:(a) [...]<ref name="MHA"/>
 
:(b) [...]<ref name="MHA"/> to any [approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].<ref name="NIC">[[Mental Health (Northern Ireland Consequential Amendments) Order 1986]]</ref>
 
:to any [approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].<ref name="NIC"/>


(4) This section does not apply to any person who is subject to guardianship.
(4) This section does not apply to any person who is subject to guardianship.


{{mha-notice}}
{{amdts}}
<references/>
 
'''Repealed - Scotland only'''
 
This section is repealed by [[Adult Support and Protection (Scotland) Act 2007]] wef 3/11/08.
 
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Latest revision as of 01:11, 6 August 2015

Patients absent from hospitals in England and Wales

88.—(1) Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, [Northern Ireland].[1]

[(2) For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression "constable" includes an officer or constable of the Police Service of Northern Ireland.][1]

(3) For the purposes of the said enactments in their application by virtue of this section [...],[1] any reference to an [approved mental health professional][2] shall be construed as including a reference—

(a) [...][1]
(b) [...][1] to any [approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].[3]
to any [approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].[3]

(4) This section does not apply to any person who is subject to guardianship.

Amendments

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Mental Health Act 2007 s39 & sch 5, s55 & sch 11; Mental Health Act 2007 (Commencement No. 9) Order 2008 wef 28/10/08
  2. ↑ Mental Health Act 2007 s21 & sch 2; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 (England), Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 (Wales), wef 3/11/08
  3. ↑ 3.0 3.1 Mental Health (Northern Ireland Consequential Amendments) Order 1986

Repealed - Scotland only

This section is repealed by Adult Support and Protection (Scotland) Act 2007 wef 3/11/08.

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