S123 text: Difference between revisions

Revision as of 22:50, 13 May 2013

Transfers to and from special hospitals

123.—[...]^[1]

Amendments

↑ Health and Social Care Act 2012 s42(1); Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012/1319 (1/7/12). Note s42(5): 'This section does not affect (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section, (b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or (c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.'

[1] Health and Social Care Act 2012 s42(1); Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012/1319 (1/7/12). Note s42(5): 'This section does not affect (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section, (b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or (c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.'

[1]

@@ Line 2: / Line 2: @@
 '''Transfers to and from special hospitals'''
-.—(1) Without prejudice to any other provisions of this Act with respect to the transfer of patients, any patient who is for the time being liable to be detained [...]<ref name="HA">[[Health Act 1999]]</ref> under this Act (other than under section 35, 36 or 38 above) [in a hospital at which high security psychiatric services are provided]<ref name="HA"/> may, upon the directions of the Secretary of State, at any time be removed into any [other hospital at which those services are provided].<ref name="HA"/>
+.—[...]<ref>[[Health and Social Care Act 2012]] s42(1); [[Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012/1319]] (1/7/12). Note s42(5): 'This section does not affect (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section, (b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or (c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.'</ref>
-(2)	Without prejudice to any such provision, the Secretary of State may give directions for the transfer of any patient who is for the time being liable to be so detained into a hospital [at which those services are not provided].<ref name="HA"/>
-(3)	Subsections (2) and (4) of section 19 above shall apply in relation to the transfer or removal of a patient under this section as they apply in relation to the transfer or removal of a patient from one hospital to another under that section.
 '''Amendments'''