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Section 19

of Mental Health Act 2001

ActIn forceProvision 19 of 94

Section 19

(1)

The Director General or any person authorized by him may, by order, direct the transfer of an involuntary patient from a government psychiatric hospital or a gazetted private psychiatric hospital to another government psychiatric hospital or a gazetted private psychiatric hospital if—

(a)

the Director General or the authorized person is satisfied, on the facts available, that the transfer will be of benefit to the patient or is necessary for the patient’s care and treatment; and

(b)

in the case of a proposed transfer to a gazetted private psychiatric hospital, the Medical Director of the hospital to which it is proposed to transfer the involuntary patient agrees to the transfer.

(2)

Subject to paragraph (1)(b), the Medical Director of the government psychiatric hospital or the gazetted private psychiatric hospital, as the case may be, shall in all cases comply with the order of the Director General under subsection (1) but—

(a)

if the Medical Director is satisfied that it will be of benefit to an involuntary patient under his care to be

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transferred to another psychiatric hospital other than that mentioned in the order; and

(b)

arrangement for the transfer could be made or has been made with the Medical Director of the psychiatric hospital to which it is proposed to transfer the involuntary patient, the Medical Director shall communicate his views in writing to the

Director General whose decision on the matter is final.

(3)

An order made under subsection (1) or (2) shall be sufficient authority for the reception and detention of the person to whom the order relates in the psychiatric hospital to which he is transferred.