# Transfer from Scotland to England

**URL:** <https://forum.mentalhealthlaw.co.uk/t/transfer-from-scotland-to-england/1335>\
**Category:** Mental Health Act\
**Tags:** mha-forms\
**Created:** [3 November 2022 23:07 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-from-scotland-to-england/1335 "2022-11-03T23:07:56Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![Shalinie](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/e480ec/32.png) [@Shalinie](https://forum.mentalhealthlaw.co.uk/u/Shalinie)\
**Post date:** [3 November 2022 23:07 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-from-scotland-to-england/1335/1 "2022-11-03T23:07:56Z")

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What paperwork is required? Don’t seem to have been sent the original equivalents of Section 2 or 3 but have the TX1 transfer form and 6 pages of the CTO 1 v6 but no DET1

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**Author:** ![Richard\_Rook](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/ecb155/32.png) [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\
**Post date:** [4 November 2022 03:33 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-from-scotland-to-england/1335/2 "2022-11-04T03:33:33Z")

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The CTO1 is the equivalent of the original s3.

A Scottish CTO can be the equivalent of both a s3 and an (English/Welsh) CTO (the “C” in Scotland stands for “compulsory”, not “community”).

If you only have 6 pages of CTO, there may be some missing (the standard template has around 20 pages). Part 5 is the bit that actually authorises the CTO

DET1s are for emergency detention prior to the Scottish Tribunal authorising the CTO - roughly equivalent to a s4. So if the patient is now on a CTO I think any previous DET1 would be irrelevant.

Before the transfer can happen, the Scottish Ministers will have to agree and issue a warrant authorising the transfer. They won’t do that unless your hospital has agreed to the transfer. (The TX1 is effectively an application to the Scottish Ministers for the warrant - it doesn’t authorise anything itself).
