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Section 36: Transfers of prisoners and others to hospital: conditions

Mental Health Act 2025 · 2025 c. 33View on legislation.gov.uk

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)).

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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.