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.
80D Transfer of conditionally discharged patients from Scotland
(1) This section applies to a patient who is subject to--
(a) a restriction order under section 59 of the Criminal Procedure
(Scotland) Act 1995; and
(b) a conditional discharge under section 193(7) of the Mental
Health (Care and Treatment) (Scotland) Act 2003 ("the 2003
Act").
(2) A transfer of the patient to England and Wales under regulations
made under section 290 of the 2003 Act shall have effect only if the
Secretary of State has consented to the transfer.
(3) If a transfer under those regulations has effect, the patient shall be
treated as if--
(a) on the date of the transfer he had been conditionally
discharged under section 42 or 73 above; and
(b) he were subject to a hospital order under section 37 above
and a restriction order under section 41 above.
(4) If the restriction order to which the patient was subject immediately
before the transfer was of limited duration, the restriction order to
which he is subject by virtue of subsection (3) above shall expire on
the date on which the first-mentioned order would have expired if
the transfer had not been made.
Amendments