Section 82A Transfer of responsibility for conditionally discharged patients to England and Wales from Northern IrelandF1F5
England, Wales and Northern Ireland
If it appears to F2the Department of Justice in Northern Ireland, in the case of a patient who—
is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the M1 Mental Health (Northern Ireland) Order 1986; and
has been conditionally discharged under Article 48(2) or 78(2) of that Order,
that a transfer under this section would be in the interests of the patient, the Department of Justice in Northern Ireland may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.
Where responsibility for such a patient is transferred under this section, 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
as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above.
Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.
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Annotations
Textual amendments
- F1
S. 82A inserted (E.W.N.I) (1.10.1997) by 1997 c. 43, s. 48, Sch. 3, para. 3; S.I. 1997/2200, art. 2
- F2
Words in s. 82A(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 28(3)(a) (with arts. 28-31)
- F3
S. 82A(2)(b) substituted (1.10.2007 for E. W.) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 9 (with Sch. 10); S. I. 2007/2798, art. 2(c)(iv)
- F4
S. 82A(4) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 28(3)(b) (with arts. 28-31)
- F5
S. 82A: title substituted (1.10.2007 for E. W.) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 9 (with Sch. 10); S. I. 2007/2798, art. 2(c)(iv)
Marginal citations
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)