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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 31

Transfer of patients.

31.(1) [A Health and Social Services Board] may arrange for the transfer from
one hospital to another hospital, of a patient who is liable to be detained in
hospital by virtue of an application for admission.

(2) Where a patient is transferred to another hospital by virtue of
sub-section (1), the provisions of this Part shall apply to him as if

(a)the application for admission by virtue of which he was liable to be
detained in hospital were an application for admission to the hospital to
which he is transferred; and

(b)he had been admitted to that hospital at the time when he was originally
admitted in pursuance of the application.

(3) [A Health and Social Services Board] may arrange for the transfer

(a)of a patient who is subject to guardianship under this Part, from the
guardianship of any person into the guardianship of any other person, or to a
hospital;

(b)of a patient who is liable to be detained in hospital by virtue of an
application for admission, into the guardianship of any person.

(4) Where a patient is transferred into the guardianship of another person by
virtue of paragraph (a) of sub-section (3), the provisions of this Part shall
apply to him as if the guardianship application by virtue of which he is
subject to guardianship under this Part were for his reception into the
guardianship of that person and had been accepted at the time when it was
originally accepted.

(5) Where a patient is transferred to a hospital by virtue of paragraph (a) of
sub-section (3), the provisions of this Part shall apply to him as if

(a)the guardianship application by virtue of which he was subject to
guardianship under this Act were an application for admission to that
hospital; and

(b)he had been admitted to that hospital at the time when the application was
originally accepted and a medical report had been made in respect of him at
that time.

(6) Where a patient is transferred into the guardianship of any person by
virtue of paragraph (b) of sub-section (3), the provisions of this Part shall
apply to him as if the application for admission by virtue of which he was
liable to be detained in hospital were a guardianship application duly
accepted at the time when he was originally admitted to hospital in pursuance
of the application.

(7) Arrangements for the transfer of a patient under any provision of this
section may be made subject to such conditions as may be prescribed.

(8) A patient who, having attained the age of sixteen years, is transferred
from guardianship to a hospital by virtue of paragraph (a) of sub-section (3)
may, within the period of six months beginning with the day on which he is so
transferred, apply to the Review Tribunal.


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© 1961 Crown Copyright

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