Health (Mental Services) Act, 1981

Transfer to special psychiatric centre.

31.—(1) Where a person is detained under this Act in a district or registered psychiatric centre and, in the opinion of the medical officer in charge of the centre, his mental condition is such that he should be transferred to a special psychiatric centre, he may make a recommendation to the appropriate review board for such transfer.

(2) The review board may, if it so thinks fit, direct the transfer of the person to a special psychiatric centre.

(3) Before the person is transferred, the review board shall give at least 7 days notice of its direction to that person and to—

(a) the applicant for the recommendation for reception in pursuance of which he is detained, where the application was made under paragraph (a), (b), (c), (d) or (g) of section 15 (2),

(b) the committee, if any, of the person.

(4) If it is not found practicable to give notice of the direction to the applicant referred to in subsection (3) (a), the notice shall be given to some other relative within the categories mentioned in section 15 (2).

(5) (a) The person to be transferred, his committee or next friend, the applicant for the recommendation for reception or the person to whom notice was given under subsection (4) may within the period of 7 days mentioned in subsection (3) or such further period as may be provided for by rules of court, apply to the High Court to have the direction of the review board discharged and the person shall not be transferred to the special psychiatric centre pending the appeal.

(b) If the High Court, having considered the application, such evidence as may be adduced and any representations made by or on behalf of the person detained, is satisfied that it would be proper to do so, the court may confirm the direction.

(c) If the court is not so satisfied, it shall discharge the direction.

(6) On being transferred under this section, the person shall be detained in the special psychiatric centre until, under this section, he is sent back to the centre from which he was transferred or is discharged.

(7) A person transferred to a special psychiatric centre under this section shall be regarded as detained under the reception order made in respect of him under this Act.

(8) The review board which directed the transfer of a person under subsection (2) may direct that he be sent back to the psychiatric centre from which he was transferred or direct his transfer to another psychiatric centre with the agreement of the person maintaining that centre and his detention under the direction shall be regarded as detention under the reception order.

(9) Where the medical officer in charge of a special psychiatric centre with the consent of the review board which directed the transfer of a person under subsection (2) certifies that the detention and treatment of that person are no longer necessary, the medical officer in charge of the centre shall discharge that person.

(10) (a) Where the medical officer in charge of a special 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 place, 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 so long as, in the opinion of the medical officer in charge of the centre or place, it is necessary and, subject to the provisions of this section, he may afterwards be taken back to and detained in the special psychiatric centre in which he was previously detained.