Northern Ireland

The Northern Ireland equivalent of the Mental Health Act 1983 (which in general extends to England and Wales) is the Mental Health (Northern Ireland) Order 1986.

A detained patient can only be moved between a hospital in England or Wales and one in Northern Ireland under authority if a warrant issued by the administration which covers the location of the sending hospital and this can only be issued with the agreement of the administration which covers the location of the receiving hospital.

The receiving administration has to check with the proposed receiving hospital that they are aware of the transfer and that, if it is made, they have a bed available. Transfers of people subject to guardianship are also possible but occur far less frequently.

The sections of the Act governing transfers from England or Wales to Northern Ireland are sections 81 and 81A.  Those for moves in the opposite direction are 82 and 82A.  Similar provisions apply to a transfer between a hospital in England or Wales and Scotland and further provisions govern the transfer of a patient to or from the Channel Islands or the Isle of Man.

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