Section 80D Transfer of conditionally discharged patients from ScotlandF1
England and Wales
This section applies to a patient who is subject to—
a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and
a conditional discharge under section 193(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).
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.
If a transfer under those regulations has effect, the patient shall be treated as if—
on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
he were subject to a hospital order under section 37 above and a restriction order under section 41 above.
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.
Annotations
Textual amendments
- F1
S. 80D inserted (E.W.) (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 4 (with Sch. 10); S.I. 2007/2798, art. 2(c)(i)
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)