Commentary on Sections Part 11 – Transfer between Jurisdictions Section 262 – Removal or transfer from Northern Ireland: power to make further provision
Section 262 provides for regulations to make provision in connection with the removal of a person by virtue of Part 11 or Part 2 to a place outside Northern Ireland (whether or not a place which is in the United Kingdom). The section also provides for regulations to make provision for, and in connection with, enabling the Northern Ireland Department of Health and the Department of Justice to authorise and give directions in connection with the removal or transfer to a place outside Northern Ireland of prescribed descriptions of persons in particular circumstances. The regulations may prescribe steps to be taken before a person is removed or transferred, or may prescribe other conditions to be met before removal or transfer; may provide that where a person is removed or transferred, any prescribed measure to which the person is subject ceases to have effect; and may apply, or make provision similar to, any provision of Part 2 or Part 10 (with or without modifications). The power to make regulations must be exercised so as to ensure that notice is given to prescribed persons and the person who is to be removed or transferred at least a prescribed period before the date of the proposed removal or transfer; and there is a right to apply to the Tribunal in respect of the removal or transfer.