Health (Mental Services) Act, 1981

Transfers.

29.—(1) A person detained in a psychiatric centre may, in his own interest, be transferred to another psychiatric centre in accordance with this section after consultation with the person and, if available, with the applicant for the recommendation for reception of the person in the centre.

(2) (a) A transfer from a district psychiatric centre shall be made by the health board.

(b) A transfer from a registered psychiatric centre shall be made by the medical officer in charge of the centre with, in the case of a person maintained in the centre at the expense of a health board, the consent of that board.

(c) A transfer to a district psychiatric centre in the functional area of another health board shall be made only with the consent of that board.

(d) A transfer to a registered psychiatric centre shall be made only with the consent of the medical officer in charge of the centre.

(3) (a) Where the medical officer in charge of a psychiatric centre is of opinion that it is necessary or would be for the benefit of the health of a person detained in the centre that he should be temporarily transferred for treatment and care in another centre or in a place other than a psychiatric centre he may arrange for the transfer of the person accordingly.

(b) The person may be transferred to and detained in that centre or place for as long as, in the opinion of the medical officer in charge of that centre or place, it is necessary and, subject to the provisions of this Part, he may afterwards be taken back to and detained in the psychiatric centre in which he was previously detained.

(4) A person shall not be transferred under this section to a special psychiatric centre.

(5) Where a person is transferred under this section, the reception order under which he was detained shall have effect as if it specified the centre or place to which he is transferred as a centre or place in which he is to be detained.