(a) a designated mental health service within the S. 56AB(1)(a) meaning of the Mental Health Act 2014 in substituted by No. 26/2014 accordance with that Act; s. 455(Sch. item 6.4). (b) a residential institution within the meaning S. 56AB(1)(b) amended by of the Disability Act 2006 in accordance No. 23/2006 with that Act; s. 235(a). S. 56AB(1)(c) (c) a residential treatment facility within the substituted by meaning of the Disability Act 2006 in No. 23/2006 s. 235(b). 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— (a) the person specified as the person who is to S. 56AB(2)(a) amended by have the custody of the prisoner or person Nos 23/2006 under the Mental Health Act 2014, the s. 235(c), 26/2014 or the Disability Act 2006 Crimes (Mental s. 455(Sch. Impairment and Unfitness to be Tried) item 6.5(a)). Act 1997; S. 56AB(2)(b) (b) in the case of a transfer referred to in amended by subsection (1)(a), if no person is specified No. 26/2014 s. 455(Sch. under the Mental Health Act 2014, the item 6.5). authorised psychiatrist of the designated mental health service; S. 56AB(2)(c) (c) in the case of a transfer referred to in amended by subsection (1)(b) or (1)(c), if no person is No. 23/2006 s. 235(c). specified under the Disability Act 2006, the chief executive of the place to which the prisoner or person is transferred. (3) A transfer referred to in subsection (1) of a prisoner or person occurs when the person who is to have legal custody of the prisoner or person, or a person acting under lawful authority on behalf of the person who is to have legal custody, accepts physical custody of the prisoner or person.
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; S. 56AB(2)(c) amended by No. 23/2006 s. 235(c). (c) in the case of a transfer referred to in subsection (1)(b) or (1)(c), if no person is specified under the Disability Act 2006, the chief executive of the place to which the prisoner or person is transferred. (3) A transfer referred to in subsection (1) of a prisoner or person occurs when the person who is to have legal custody of the prisoner or person, or a person acting under lawful authority on behalf of the person who is to have legal custody, accepts physical custody of the prisoner or person.
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