Section 36 Transfers of prisoners and others to hospital: conditionsI1
United Kingdom
The Mental Health Act 1983 is amended as follows.
In section 47 (removal to hospital of persons serving sentences of imprisonment etc) for subsection (1)(c) substitute—
“(c)that appropriate medical treatment can be given for the relevant disorder from which the person is suffering;”.
In section 48 (removal to hospital of other prisoners)—
for subsection (1)(c) substitute—
“(c)appropriate medical treatment can be given for the relevant disorder from which the person is suffering;”;
in subsection (2), for paragraph (d) substitute—
“(d)persons detained under—
(i)the Immigration Act 1971,
(ii)section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State),
(iii)section 36 of the UK Borders Act 2007 (detention of offenders for deportation), or
(iv)regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (which are saved by the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210)).”