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Transfer of person on application of person
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33. (1) Subject to subsection (2), where an involuntarily admitted person applies to the clinical director of a registered acute mental health centre for a transfer to another registered acute mental health centre, the clinical director of the first-mentioned registered acute mental health centre may arrange for the transfer of the person to the second-mentioned registered acute mental health centre, with the consent of the clinical director of that second-mentioned registered acute mental health centre.
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(2) Before making a decision on whether to arrange for a transfer of an involuntarily admitted person to another registered acute mental health centre under subsection (1), the clinical director concerned shall consult with the person the subject of the application and the members of staff who are involved with the care and treatment of the involuntarily admitted person at the registered acute mental health centre.
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(3) The clinical director shall, within 7 days of receiving a request from an involuntarily admitted person for a transfer under subsection (1)—
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(a) make his or her decision on whether or not to arrange for the transfer,
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(b) provide a copy in writing of that decision to the involuntarily admitted person who made the application which shall include, where the clinical director declines a request, the reasons for declining the request, and
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(c) provide a copy of the request and his or her decision to the Commission.
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(4) Where an involuntarily admitted person is transferred to a registered acute mental health centre under subsection (1), the clinical director of the registered acute mental health centre from which the person has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.
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(5) An involuntarily admitted person may be detained in a registered acute mental health centre to which he or she has been transferred under subsection (1) until the date of the expiration of the involuntary admission order or any subsequent renewal order, as the case may be, pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.
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(6) The detention of an involuntarily admitted person in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre to which he or she has been transferred.
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