(2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB 56AB Legal custody of prisoners and detainees transferred (Heading) to institutions and designated mental health services amended by No. 26/2014 (1) This section applies if a prisoner in a prison or a s. 455(Sch. item 6.3). person detained in a police gaol is transferred S. 56AB from the prison or police gaol to— inserted by No. 45/2001 s. 16. (a) a designated mental health service within the S. 56AB(1)(a) substituted by meaning of the in Mental Health Act 2014 No. 26/2014 s. 455(Sch. accordance with that Act; item 6.4). S. 56AB(1)(b) (b) a residential institution within the meaning amended by of the Disability Act 2006 in accordance No. 23/2006 s. 235(a). with that Act; (c) a residential treatment facility within the S. 56AB(1)(c) substituted by meaning of the Disability Act 2006 in No. 23/2006 accordance with that Act. s. 235(b). (2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of— S. 56AB(2)(a) (a) the person specified as the person who is to amended by have the custody of the prisoner or person Nos 23/2006 s. 235(c), under the Mental Health Act 2014, the 26/2014 Disability Act 2006 or the Crimes (Mental s. 455(Sch. item 6.5(a)). Impairment and Unfitness to be Tried) Act 1997; (b) in the case of a transfer referred to in S. 56AB(2)(b) amended by subsection (1)(a), if no person is specified No. 26/2014 under the Mental Health Act 2014, the s. 455(Sch. item 6.5). authorised psychiatrist of the designated mental health service;
(2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3). S. 56AB inserted by No. 45/2001 s. 16. 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services (1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to— S. 56AB(1)(a) substituted by No. 26/2014 s. 455(Sch. item 6.4). (a) a designated mental health service within the meaning of the Mental Health Act 2014 in accordance with that Act; S. 56AB(1)(b) amended by No. 23/2006 s. 235(a). (b) a residential institution within the meaning of the Disability Act 2006 in accordance with that Act; S. 56AB(1)(c) substituted by No. 23/2006 s. 235(b). (c) a residential treatment facility within the meaning of the Disability Act 2006 in accordance with that Act. (2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of— S. 56AB(2)(a) amended by Nos 23/2006 s. 235(c), 26/2014 s. 455(Sch. item 6.5(a)). (a) the person specified as the person who is to have the custody of the prisoner or person under the Mental Health Act 2014, the Disability Act 2006 or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 56AB(2)(b) amended by No. 26/2014 s. 455(Sch. item 6.5). (b) in the case of a transfer referred to in subsection (1)(a), if no person is specified under the Mental Health Act 2014, the authorised psychiatrist of the designated mental health service;
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