{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003-consequential-provisions-order-2005/article-3",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003-consequential-provisions-order-2005/article-3.json",
  "legislation": "uksi/2005/2078",
  "legislation_title": "The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003-consequential-provisions-order-2005",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Transfer of patients to England and Wales from Scotland: conditional discharge",
  "text": "(1) This article applies to any patient–\n(a) who is transferred under regulations made under section 290 of the 2003 Act; and\n(b) who, before that transfer, was subject to–\n(i) a restriction order; and\n(ii) a conditional discharge under section 193(7) of the 2003 Act.\n(2) Where such a patient is so transferred, the patient shall be treated–\n(a) as if on the date of the transfer he had been conditionally discharged under the most closely corresponding enactment in force in England and Wales; and\n(b) as if he were subject to a restriction order under the most closely corresponding enactment in force in England and Wales.\n(3) A patient to whom this article applies may only be transferred from Scotland to England and Wales with the consent of the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "ukpga/2007/12",
      "affecting_title": "Mental Health Act 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/2078/article/3",
    "retrieved_at": "2026-10-29T04:54:48.951572+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}