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S80A text: Difference between revisions

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'''Transfer of responsibility for conditionally discharged patients to Scotland'''<ref name="MHA">[[Mental Health Act 2007]] s39 & sch 5; [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref>
80A.<ref>[[Crime (Sentences) Act 1997]]</ref>—(1) If it appears to the Secretary of State, in the case of a patient who—
80A.<ref>[[Crime (Sentences) Act 1997]]</ref>—(1) If it appears to the Secretary of State, in the case of a patient who—
   
   
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that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.
   
   
(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated-
(2)—(3) [...]<ref>[[Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005]]</ref>
:(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Scotland; and
 
:(b) as if he were subject to a restriction order under the corresponding enactment in force in Scotland.
 
(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made."


=== Amendments ===
'''Amendments'''


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Latest revision as of 00:27, 6 August 2015

Transfer of responsibility for conditionally discharged patients to Scotland[1]

80A.[2]—(1) If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order under section 41 above; and
(b) has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.

(2)—(3) [...][3]

Amendments

  1. ↑ Mental Health Act 2007 s39 & sch 5; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. ↑ Crime (Sentences) Act 1997
  3. ↑ Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
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