Section 83ZA Removal or transfer of community patients to Channel Islands or Isle of ManF1

(1)

Section 83 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable.

(2)

But if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act—

(a)

subsection (1) above shall not apply as regards that island; and

(b)

subsections (3) to (6) below shall apply instead.

(3)

If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (4) below are met, the authority may authorise the transfer of responsibility for him to the island in question.

(4)

The conditions are—

(a)

a transfer under subsection (3) above is in the patient's interests; and

(b)

arrangements have been made for dealing with him under the relevant enactments.

(5)

But the authority may not act under subsection (3) above while the patient is recalled to hospital under section 17E above.

(6)

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. 83ZA inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 10 (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)