S87 text: Difference between revisions

Revision as of 20:45, 21 October 2008

Patients absent from hospitals in Northern Ireland

87.—(1) Any person who—

(a) under [Article 29 or 132 of the Mental Health (Northern Ireland) Order 1986]^[1] (which provide, respectively, for the retaking of patients absent without leave and for the retaking of patients escaping from custody); or

(b) under the said [Article 29 as applied by Article 31 of the said Order]^[1] (which makes special provision as to persons sentenced to imprisonment),

may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an [approved mental health professional],^[2] by any constable or by any person authorised by or by virtue of the [said Order]^[1] to take him into custody.

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

Amendments

↑ ^{Jump up to: 1.0} ^1.1 ^1.2 Mental Health (Northern Ireland Consequential Amendments) Order 1986
↑ 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

[NI-1] {Jump up to: 1.0} ^1.1 ^1.2 Mental Health (Northern Ireland Consequential Amendments) Order 1986

[MHA-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

[1]

[2]

@@ Line 8: / Line 8: @@
 :(b)	under the said [Article 29 as applied by Article 31 of the said Order]<ref name="NI"/> (which makes special provision as to persons sentenced to imprisonment),
-may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an approved social worker, by any constable or by any person authorised by or by virtue of the [said Order]<ref name="NI"/> to take him into custody.
+may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an [approved mental health professional],<ref name="MHA">[[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> by any constable or by any person authorised by or by virtue of the [said Order]<ref name="NI"/> to take him into custody.
-(2)	This section does not apply to any person who is subject to guardianship.
-'''Amendments'''
-<references/>
-{{newmha}}
-'''Patients absent from hospitals in Northern Ireland'''
-.—(1) Any person who—
-:(a)	under [Article 29 or 132 of the Mental Health (Northern Ireland) Order 1986]<ref name="NI">[[Mental Health (Northern Ireland Consequential Amendments) Order 1986]]</ref> (which provide, respectively, for the retaking of patients absent without leave and for the retaking of patients escaping from custody); or
-:(b)	under the said [Article 29 as applied by Article 31 of the said Order]<ref name="NI"/> (which makes special provision as to persons sentenced to imprisonment),
-may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an [approved mental health professional],<ref name="MHA">[[Mental Health Act 2007]]</ref> by any constable or by any person authorised by or by virtue of the [said Order]<ref name="NI"/> to take him into custody.
 (2)	This section does not apply to any person who is subject to guardianship.
@@ Line 32: / Line 14: @@
 {{amdts}}
 <references/>
 </div>
 __NOEDITSECTION__