Mental Health (Compulsory Assessment and Treatment) Act 1992

47A Removal of certain intellectually disabled patients to facilities

• (1) This section applies to—

  • (a) a patient or a special patient—

    • (i) who is subject to a compulsory treatment order that was made following an application under section 136(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; and

    • (ii) who, in the opinion of the Director of Area Mental Health Services, is fit to be released from compulsory status under this Act; and

  • (b) a special patient (not being a patient to whom paragraph (a) applies)—

    • (i) who, in the opinion of the Director of Area Mental Health Services, is fit to be released from compulsory status under this Act; and

    • (ii) who has been assessed by a specialist assessor within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 as having an intellectual disability within the meaning of that Act.

  (2) The Director of Area Mental Health Services may, with the consent of the Director, direct that a patient to whom this section applies be taken to an appropriate facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

  (3) When a direction is given under subsection (2), the Director must notify the responsible co-ordinator under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, who must arrange for the patient to be removed to a facility within 7 days after the date of the direction unless an application is sooner made under section 8A for assessment of the patient.

  (4) Any direction given under this section in respect of a patient is sufficient authority for the removal of the patient to the facility specified in the direction and for the reception of the patient there.

  (5) On the removal of the patient under subsection (4) to a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003,—

  • (a) the patient must be regarded as having been released from assessment and treatment as a patient under this Act; and

  • (b) if the patient is a special patient, he or she must be held as a special care recipient under that Act until the status of the person is changed in accordance with that Act or the Criminal Procedure (Mentally Impaired Persons) Act 2003; and

  • (c) if the patient is a special patient who is, or is deemed to be, subject to an order under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the order is deemed to have been made under section 24(2)(b) of that Act; and

  • (d) if the patient is subject to a compulsory treatment order, that order becomes a compulsory care order (within the meaning of that Act) that is deemed to have been made on the date of the removal for a term of 6 months; and

  • (e) if the patient is a special patient who is, or is deemed to be, subject to an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the order is deemed to have been made under section 34(1)(a)(ii) of that Act.

  Section 47A: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).