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Section 82A: Transfer of responsibility for conditionally discharged patients to England and Wales from 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 Department of Justice in Northern Ireland, in the case of a patient who—

is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the Mental Health (Northern Ireland) Order 1986; and
has been conditionally discharged under Article 48(2) or 78(2) of that Order,

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

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 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 transfer direction under section 47 above and a restriction direction under section 49 above.

Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order 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.

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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.