Section 80ZA Transfer of responsibility for community patients to ScotlandF1

England and Wales

(1)

If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (2) below are met, the authority may authorise the transfer of responsibility for him to Scotland.

(2)

The conditions are—

(a)

a transfer under this section is in the patient's interests; and

(b)

arrangements have been made for dealing with him under enactments in force in Scotland corresponding or similar to those relating to community patients in this Act.

(3)

The appropriate national authority may not act under subsection (1) above while the patient is recalled to hospital under section 17E above.

(4)

In this section, “the appropriate national authority” means—

(a)

in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State;

(b)

in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.

Annotations

Textual amendments

F1: S. 80ZA inserted (E.W.) (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 3 (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)