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Transfer of persons other than those subject to order from registered acute mental health centre following closure
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180. (1) Where—
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(a) the registration of a registered acute mental health centre has been cancelled and the service will cease to provide mental health services, and
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(b) the Executive is not taking charge of the centre concerned or the centre concerned will otherwise cease to provide mental health services,
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the Executive or the registered proprietor shall or may, as the case may be, carry out the steps specified in subsection (2) in respect of any person (including a voluntarily admitted child or a child aged 16 years or older lacking capacity admitted with parental consent) receiving treatment in the centre concerned who is not subject to an involuntary admission order or a renewal order.
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(2) Where subsection (1) applies, the Executive or the registered proprietor—
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(a) shall, where there is an imminent risk of harm to the person concerned if he or she does not continue to receive mental health treatment, arrange for his or her transfer to another registered acute mental health centre, or
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(b) may, where there is no risk of harm to the person concerned, arrange for his or her transfer to another registered acute mental health centre.
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(3) Where—
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(a) a person is accessing services in a registered community mental health centre or registered community mental health service where the registration of the centre or service has been cancelled and the centre or service will cease to provide mental health services, and
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(b) the Executive is not taking charge of the centre or service, or the centre or service will otherwise cease to provide mental health services,
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the Executive or the registered proprietor may arrange for the transfer of the person concerned to another registered community mental health centre or registered community mental health service.
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(4) Any transfer of a person under this section shall take account of the assessed needs of the person and, where the person is transferred in accordance with subsection (2), his or her care plan and any regulations made by the Minister under this section.
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(5) Without prejudice to the generality of subsection (4), regulations under this section may provide for all or any of the following matters:
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(a) procedural steps in relation to the temporary or permanent closure of a registered mental health service, including timeframes, or transfer, if any, and the notification of closure to residents or people accessing those services;
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(b) where relevant, the transfer of persons from one registered mental health service to another;
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(c) the guiding principles underpinning any transfer;
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(d) assessment of the needs of each person receiving treatment in the registered mental health service whose care and treatment is to be transferred to another service and the recording of this assessment on his or her individual care plan as appropriate;
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(e) information to be given to people receiving care and treatment in the registered mental health service when transferred;
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(f) transfer of medical records and other information, as appropriate, from the service, the subject of the cancellation, to a registered mental health service;
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(g) any other matters which the Minister considers appropriate.
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