S80C text

TO DO - tidy up text

New law

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

        80C     Removal of patients subject to compulsion in the community from 
                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.

Amendments