OpenLegislation

Section 80C Removal of patients subject to compulsion in the community from ScotlandF1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.

Annotations

Textual amendments

F1

S. 80C inserted (E.W.) (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 4 (with Sch. 10); S.I. 2008/1900, art. 2(n) (with art. 3, Sch.)

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)