Section 85A Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of ManF4F1
England and Wales
This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.
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 hospital direction and a limitation direction under section 45A above, or to a transfer direction under section 47 above and a restriction direction under section 49 above.
Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order F3, limitation direction 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.
Annotations
Textual amendments
- F1
S. 85A inserted (1.10.1997) by 1997 c. 43, s. 48, Sch. 3, para. 5; S.I. 1997/2200, art. 2
- F2
S. 85A(2)(b) substituted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 13(2) (with Sch. 10); S.I. 2007/2798, art. 2(c)(vi)
- F3
Words in s. 85A(3) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 13(3) (with Sch. 10); S.I. 2007/2798, art. 2(c)(vi)
- F4
S. 85A: Title substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 12 (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)