S80C text: Difference between revisions

Revision as of 10:18, 4 August 2007

New law

Once the relevant parts of the Mental Health Act 2007 come into force, the text of this section will be as follows.

Removal of patients subject to compulsion in the community from Scotland

[80C.—(1) This section applies to a patient if—

(a) he is subject to an enactment in force in Scotland by virtue of which regulations under section 289(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 apply to him; and

(b) he is removed to England and Wales under those regulations.

(2) He shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales—

(a) he had been admitted to a hospital in England or Wales in pursuance of an application or order made on that date under the corresponding enactment; and

(b) a community treatment order had then been made discharging him from the hospital.

(3) For these purposes—

(a) if the enactment to which the patient was subject in Scotland was an enactment contained in the Mental Health (Care and Treatment) (Scotland) Act 2003, the corresponding enactment is section 3 of this Act;

(b) if the enactment to which he was subject in Scotland was an enactment contained in the Criminal Procedure (Scotland) Act 1995, the corresponding enactment is section 37 of this Act.

(4) "The responsible hospital", in the case of a patient in respect of whom a community treatment order is in force by virtue of subsection (2) above, means the hospital to which he is treated as having been admitted by virtue of that subsection, subject to section 19A above.

(5) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order.

(6) But the responsible clinician may only specify conditions under subsection (5) above which an approved mental health professional agrees should be specified.]^[1]

Amendments

↑ Mental Health Act 2007

[MHA-1] Mental Health Act 2007

[1]

@@ Line 1: / Line 1: @@
 <div class="text">
-TO DO - tidy up text
 {{newmha}}
+'''Removal of patients subject to compulsion in the community from Scotland'''
-C     Removal of patients subject to compulsion in the community from
+[80C.—(1)    This section applies to a patient if—
-                 Scotland
-               (1)    This section applies to a patient if--
-                (a)  he is subject to an enactment in force in Scotland by virtue of
-                      which regulations under section 289(1) of the Mental Health
-                      (Care and Treatment) (Scotland) Act 2003 apply to him; and
-                (b)   he is removed to England and Wales under those regulations.
-         (2)  He shall be treated as if on the date of his arrival at the place where
-              he is to reside in England or Wales--
-                 (a)  he had been admitted to a hospital in England or Wales in
-                      pursuance of an application or order made on that date under
-                      the corresponding enactment; and
-                (b)   a community treatment order had then been made
-                      discharging him from the hospital.
-         (3)  For these purposes--
-                 (a)  if the enactment to which the patient was subject in Scotland
-                      was an enactment contained in the Mental Health (Care and
-                      Treatment)     (Scotland)  Act      2003,    the    corresponding
-                      enactment is section 3 of this Act;
-                (b)   if the enactment to which he was subject in Scotland was an
-                      enactment contained in the Criminal Procedure (Scotland)
-                      Act 1995, the corresponding enactment is section 37 of this
-                      Act.
-         (4)  "The responsible hospital", in the case of a patient in respect of whom
-              a community treatment order is in force by virtue of subsection (2)
-              above, means the hospital to which he is treated as having been
-              admitted by virtue of that subsection, subject to section 19A above.
-         (5)  As soon as practicable after the patient's arrival at the place where he
-              is to reside in England or Wales, the responsible clinician shall
-              specify the conditions to which he is to be subject for the purposes of
-              section 17B(1) above, and the conditions shall be deemed to be
-              specified in the community treatment order.
-         (6)  But the responsible clinician may only specify conditions under
-              subsection (5) above which an approved mental health professional
-              agrees should be specified.
+:(a)  he is subject to an enactment in force in Scotland by virtue of which regulations under section 289(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 apply to him; and
+:(b)   he is removed to England and Wales under those regulations.
+(2)  He shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales—
+:(a)  he had been admitted to a hospital in England or Wales in pursuance of an application or order made on that date under the corresponding enactment; and
+:(b)   a community treatment order had then been made discharging him from the hospital.
+(3)  For these purposes—
+:(a)  if the enactment to which the patient was subject in Scotland was an enactment contained in the Mental Health (Care and Treatment)     (Scotland)  Act      2003,    the    corresponding enactment is section 3 of this Act;
+:(b)   if the enactment to which he was subject in Scotland was an enactment contained in the Criminal Procedure (Scotland) Act 1995, the corresponding enactment is section 37 of this Act.
+(4)  "The responsible hospital", in the case of a patient in respect of whom a community treatment order is in force by virtue of subsection (2) above, means the hospital to which he is treated as having been admitted by virtue of that subsection, subject to section 19A above.
+(5)  As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order.
+(6)  But the responsible clinician may only specify conditions under subsection (5) above which an approved mental health professional agrees should be specified.]<ref name="MHA">[[Mental Health Act 2007]]</ref>
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