Remedy
Start free

Section 81A: Transfer of responsibility for patients to Northern Ireland.

Mental Health Act 1983 · 1983 c. 20View on legislation.gov.uk

Part VI: Removal and Return of Patients Within United Kingdom, etc.

If it appears to the Secretary of State, in the case of a patient who—

is 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;
has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

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 the corresponding enactment in force in Northern Ireland; and
as if he were subject to a hospital order and a restriction order, or to a transfer direction and a restriction direction, under the corresponding enactment in force in Northern Ireland.

Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a . . . restriction direction of limited duration, the . . . restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned . . . direction would have expired if the transfer had not been made.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.