Section 80 Removal of patients to Scotland.

England, Wales and Scotland

(1)

If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained F1. . . under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Scotland, and that arrangements have been made for admitting him to a hospital . . . there, F2or, where he is not to be admitted to a hospital, for his detention in hospital to be authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 the Secretary of State may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination.

(2)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

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(4)

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(5)

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(6)

~~F4Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration,~~ ~~F5the restriction order or restriction direction~~ F6~~. . . shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.~~

(7)

In this section “hospital” has the same meaning as in the F7Mental Health (Care and Treatment)(Scotland) Act 2003 .

F8(8)

Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.

Annotations

Textual amendments

F1: Words in s. 80(1) omitted (1.4.2008) and repealed (28.10.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 55, 56, Sch. 5 para. 2, Sch. 11 Pt. 7 (with Sch. 10); S.I. 2008/745, art. 3(f); S.I. 2008/2788, art. 2
F2: Words in s. 80(1) inserted (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(4)(a)
F3: S. 80(2)-(5) repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2 and repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005, art. 1(1), Sch. 3
F4: S. 80(6) repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order (S.I. 2005/2078), art. 16, {Sch. 3}
F5: Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), s. 41(2), Sch. 1 para 2, Sch. 2 para. 1(b) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(d)
F6: Words in s. 80(6) repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2
F7: Words in s. 80(7) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 13(2) and words in s. 80(7) substituted (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(4)(b)
F8: S. 80(8) inserted (E.W.) (5.10.05) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(4)(c)

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Removal to and from Scotland

Textual amendments

F1: S. 80: cross-heading substituted (1.4.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 2 (with Sch. 10); S.I. 2008/745, art. 3(f)