Mental Health Act 2001

Changes to legislation: as of 3 September 2024, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries here. Note that some amendments may not be in force until commenced by a commencement order or other provision.

This Revised Act is an administrative consolidation of the Mental Health Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Assisted decision-making (Capacity) (Amendment) Act 2022 (Commencement) (No. 3) Order 2023 (S.I. No. 195 of 2023), made 26 April 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

Number 25 of 2001

MENTAL HEALTH ACT 2001

Updated to 26 April 2023

ARRANGEMENT OF SECTIONS

Preliminary and General

Involuntary admission of persons to approved centres

Independent Review of Detention

Consent to Treatment

Acts Referred To

Adoption Acts, 1952 to 1998

Child Care Act, 1991

Comptroller and Auditor General (Amendment) Act, 1993

Control of Clinical Trials Act, 1987

Domestic Violence Act, 1996

European Parliament Elections Act, 1997

Freedom of Information Act, 1997

Health Act, 1970

Health (Eastern Regional Health Authority) Act, 1999

Health (Mental Services) Act, 1981

Mental Treatment Act, 1945

Mental Treatment Act, 1953

Mental Treatment Act, 1961

Mental Treatment (Detention in Approved Institutions) Act, 1961

Nurses Act, 1985

Petty Sessions (Ireland) Act, 1851

Number 25 of 2001

MENTAL HEALTH ACT 2001

Updated to 26 April 2023

AN ACT TO PROVIDE FOR THE INVOLUNTARY ADMISSION TO APPROVED CENTRES OF PERSONS SUFFERING FROM MENTAL DISORDERS, TO PROVIDE FOR THE INDEPENDENT REVIEW OF THE INVOLUNTARY ADMISSION OF SUCH PERSONS AND, FOR THOSE PURPOSES, TO PROVIDE FOR THE ESTABLISHMENT OF A MENTAL HEALTH COMMISSION AND THE APPOINTMENT OF MENTAL HEALTH COMMISSION TRIBUNALS AND AN INSPECTOR OF MENTAL HEALTH SERVICES, TO REPEAL IN PART THE MENTAL TREATMENT ACT, 1945, AND TO PROVIDE FOR RELATED MATTERS. [8th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act extended (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 106, S.I. No. 192 of 2023, art. 2(i).

Detention-related safeguards

106. Where an issue arises in the course of an application to the court or the High Court under this Act, or otherwise in connection with the operation of this Act, as to whether a person who lacks capacity is suffering from a mental disorder, the procedures provided for under the Act of 2001 shall be followed as respects any proposal to detain that person.

Functions under collectively cited Mental Health Acts 1945 to 2001 transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3, item 3, S.I. No. 885 of 2004, subject to transitional provisions in s. 74 and sch. 5, item 2(k).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

3.—Mental Health Acts 1945 to 2001

Preliminary and General

Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Mental Health Act, 2001.

(2) The Mental Treatment Act, 1945, the Mental Treatment Act, 1961, and this Act may be cited together as the Mental Health Acts, 1945 to 2001, and shall be construed together as one.

(3) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

Power pursuant to subs. (3) exercised (1.11.2006) by Mental Health Act 2001 (Commencement) Order 2006 S.I. No. 411 of 200), art 2.

2. The 1st day of November 2006 is fixed as the day on which the Mental Health Act 2001 (No. 25 of 2001) shall, insofar as it is not already in operation, come into operation.

Power pursuant to subs. (3) exercised (5.04.2002) by Mental Health Act 2001 (Sections 1 To 5, 7, 31 To 55) (Commencement) Order 2002 S.I. No. 90 of 200), art 2.

2. The 5th day of April, 2002, is hereby appointed as the day on which sections 1 to 5, 7 and 31 to 55 inclusive of the Mental Health Act, 2001 (No. 25 of 2001), shall come into operation.

2.—(1) In this Act, save where the context otherwise requires—

“admission order” shall be construed in accordance with section 14;

“application” means an application for a recommendation that a person be involuntarily admitted to an approved centre and “applicant” shall be construed accordingly;

“approved centre” shall be construed in accordance with section 63;

F1 [ “ authorised person ” —

( a ) in relation to the removal pursuant to section 13 of a person to an approved centre, means a person who is for the time being authorised pursuant to section 71A(2) to provide services relating to such removal,

( b ) in relation to the bringing back pursuant to section 27 of a patient to an approved centre, means a person who is for the time being authorised pursuant to section 71A(2) to provide services relating to such bringing back; ]

“child” means a person under the age of 18 years other than a person who is or has been married;

F2 [ “ civil partner ” means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]

“clinical director” means a person appointed under section 71;

“Commission” means the Mental Health Commission established under section 32;

“consultant psychiatrist” means a consultant psychiatrist who is employed by F3 [ the Health Service Executive ] or by an approved centre or a person whose name is entered on the division of psychiatry or the division of child and adolescent psychiatry of the Register of Medical Specialists maintained by the Medical Council in Ireland;

“establishment day” means the day appointed by the Minister under section 31;

“examination”, in relation to a recommendation, an admission order or a renewal order, means a personal examination carried out by a registered medical practitioner or a consultant psychiatrist of the process and content of thought, the mood and the behaviour of the person concerned;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“give” includes send, whether by post or electronic or other means, and cognate words shall be construed accordingly;

“Inspector” shall be construed in accordance with section 50;

“legal representative” means a barrister or a solicitor;

“mental health services” means services which provide care and treatment to persons suffering from a mental illness or a mental disorder under the clinical direction of a consultant psychiatrist;

“mental illness” has the meaning assigned to it by section 3;

“Minister” means the Minister for Health and Children;

“parents” includes a surviving parent and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;

“patient” shall be construed in accordance with section 14;

“prescribed” means prescribed by regulations made by the Minister;

“recommendation” shall be construed in accordance with section 10;

“registered nurse” means a person whose name is entered in the register of nurses maintained by An Board Altranais under section 27 of the Nurses Act, 1985;

“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners;

“registered proprietor” has the meaning assigned to it by section 62;

“relative”, in relation to a person, means a parent, grandparent, brother, sister, uncle, aunt, niece, nephew or child of the person or of the spouse of the person whether of the whole blood, of the half blood or by affinity;

“renewal order” shall be construed in accordance with section 15;

“spouse” means a husband or wife or a man or a woman who is cohabiting with a person of the opposite sex for a continuous period of not less than 3 years but is not married to that person;

“treatment”, in relation to a patient, includes the administration of physical, psychological and other remedies relating to the care and rehabilitation of a patient under medical supervision, intended for the purposes of ameliorating a mental disorder;

“tribunal” shall be construed in accordance with section 48;

“voluntary patient” means a person receiving care and treatment in an approved centre who is not the subject of an admission order or a renewal order.

(2) In this Act, except where the context otherwise requires—

(a) a reference to any enactment shall be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

Annotations

Inserted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(1), commenced on enactment.

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 98(2), S.I. No. 648 of 2010.

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 1(c), S.I. No. 887 of 2004.

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 1(a) and (b), S.I. No. 887 of 2004.

Inserted by Mental Health (Amendment) Act 2018 (10/2018), s. 2(a), not commenced as of date of revision.

Substituted by Mental Health (Amendment) Act 2018 (10/2018), s. 2(b), not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: definitions of “Act of 2015” and “guiding principles” inserted and definition of “voluntary patient” substituted by Mental Health (Amendment) Act 2018 (10/2018), s. 2, not commenced as of date of revision.

"guiding principles" shall be construed —

( a ) in relation to a person, other than a child, in accordance with section 4 ,

( b ) in relation to a child, in accordance with section 4A ; ]

F6 [ "voluntary patient" means a person who —

( a ) has capacity (within the meaning of section 3 of the Act of 2015),

( b ) has been admitted to an approved centre, and

( c ) has given consent to his or her admission. ]

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108, S.I. No. 231 of 2008, as amended (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

108.—(1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall [, on and after the register establishment day,] be construed as a reference to [. ] the register.

(3) Every reference to—

(a) the Medical Council, or

(b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

F7 [ Exigencies of public health emergency

Annotations

Inserted (30.03.2020 to 30.06.2020 and other dates if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 16, commenced as per s. 1(2)(b), (3)(1)(a), (b), subject to transitional exception in s. 24. The emergency period was extended by SIs made under s. 4, to 9.11.2020.

The section was continued in effect (9.11.2020 to 9.06.2021) by:

• Resolution of Dáil Éireann: Debates Volume 999 No. 7, 22 October 2020, Emergency Measures in the Public Interest (Covid-19) Act 2020 - Part 5: Motion

• Resolution of Seanad Éireann: Debates Vol. 272 No. 1, 22 October 2020, Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and Emergency Measures in the Public Interest (Covid-19) Act 2020: Motions

The section was further continued in effect (10.06.2021 to 9.11.2021) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 1(3) as substituted (10.06.2021) by Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021), s. 2, commenced as per s. 5(2).

Ceased (10.11.2021) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 1(3), as substituted (10.06.2021) by Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021), s. 2, commenced as per s. 5(2).

Editorial Notes:

The section heading is taken from the amending section in the absence of one included in the amendment.

3.—(1) In this Act “mental disorder” means mental illness, severe dementia or significant intellectual disability where—

(a) because of the illness, disability or dementia, there is a serious likelihood of the person concerned causing immediate and serious harm to himself or herself or to other persons, or

(b) (i) because of the severity of the illness, disability or dementia, the judgment of the person concerned is so impaired that failure to admit the person to an approved centre would be likely to lead to a serious deterioration in his or her condition or would prevent the administration of appropriate treatment that could be given only by such admission, and

(ii) the reception, detention and treatment of the person concerned in an approved centre would be likely to benefit or alleviate the condition of that person to a material extent.

(2) In subsection (1)—

“mental illness” means a state of mind of a person which affects the person's thinking, perceiving, emotion or judgment and which seriously impairs the mental function of the person to the extent that he or she requires care or medical treatment in his or her own interest or in the interest of other persons;

“severe dementia” means a deterioration of the brain of a person which significantly impairs the intellectual function of the person thereby affecting thought, comprehension and memory and which includes severe psychiatric or behavioural symptoms such as physical aggression;

“significant intellectual disability” means a state of arrested or incomplete development of mind of a person which includes significant impairment of intelligence and social functioning and abnormally aggressive or seriously irresponsible conduct on the part of the person.

Best interests, etc., of person.

4.—(1) In making a decision under this Act concerning the care or treatment of a person (including a decision to make an admission order in relation to a person), the best interests of the person shall be the principal consideration with due regard being given to the interests of other persons who may be at risk of serious harm if the decision is not made.

(2) Where it is proposed to make a recommendation or an admission order in respect of a person, or to administer treatment to a person, under this Act, the person shall, so far as is reasonably practicable, be notified of the proposal and be entitled to make representations in relation to it and before deciding the matter due consideration shall be given to any representations duly made under this subsection.

(3) In making a decision under this Act concerning the care or treatment of a person (including a decision to make an admission order in relation to a person) due regard shall be given to the need to respect the right of the person to dignity, bodily integrity, privacy and autonomy.

Annotations

Substituted by Mental Health (Amendment) Act 2018 (10/2018), s. 3, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: section substituted by Mental Health (Amendment) Act 2018 (10/2018), s. 3, not commenced as of date of revision.

F9 [ 4. (1) Where it is proposed to make a decision in respect of a person the subject of the decision under this Act, the person shall, so far as is reasonably practicable, be notified of the proposal and entitled to make representations in relation to it and before deciding the matter due consideration shall be given to any representations duly made under this section.

(2) The principles specified in subsections (3) to (11) (in this Act referred to as the "guiding principles") shall apply in respect of the making of a decision.

(3) It shall be presumed that a person in respect of whom a decision is being made has capacity in respect of the matter concerned unless the contrary is shown in accordance with the provisions of the Act of 2015.

(4) A person shall not be considered as unable to make a decision in respect of the matter concerned unless all practicable steps have been taken, without success, to help him or her to do so.

(5) A person shall not be considered as unable to make a decision in respect of the matter concerned merely by reason of making, having made, or being likely to make, an unwise decision.

(6) There shall be no decision taken in respect of a person unless it is necessary to do so having regard to the individual circumstances of that person.

(7) A decision taken in respect of a person shall —

( a ) be made in a manner that minimises —

(i) the restriction of the person ’ s rights, and

(ii) the restriction of the person ’ s freedom of action,

( b ) have due regard to the need to respect the right of the person to dignity, bodily integrity, privacy, autonomy,

( c ) be proportionate to the significance and urgency of the matter the subject of the decision, and

( d ) have due regard to the need to have access to health services that have as the aim of those services the delivery of the highest attainable standard of mental health as well as the person ’ s right to his or her own understanding of his or her mental health.

(8) Notwithstanding the generality of subsection (1) , in making a decision —

( a ) the person in respect of whom the decision concerned is being made shall be permitted, encouraged and facilitated, in so far as is practicable, to participate, or to improve his or her ability to participate, as fully as possible, in the decision,

( b ) effect shall be given, in so far as is practicable, to the person ’ s past and present will and preferences, in so far as that will and those preferences are reasonably ascertainable,

( c ) account shall be taken of —

(i) the beliefs and values of the person (in particular those expressed in writing), in so far as those beliefs and values are reasonably ascertainable, and

(ii) any other factors which the person would be likely to consider if he or she were able to do so, in so far as those other factors are reasonably ascertainable,

( d ) unless the person making the decision in respect of the person concerned reasonably considers that it is not appropriate or practicable to do so, he or she shall consider the views of any other person named by the person as a person to be consulted on the matter concerned or any similar matter,

( e ) the person making the decision shall act at all times in good faith and for the benefit of the person in respect of whom the decision is being made, and

( f ) the person making the decision shall consider all other circumstances of which he or she is aware and which it would be reasonable to regard as relevant to the making of the decision concerned.

(9) In making a decision, the person making the decision in respect of the person concerned may consider the views of —

( a ) any person engaged in caring for the person,

( b ) any person who has a bona fide interest in the welfare of the person, or

( c ) any other healthcare professionals.

(10) In the case of a decision in respect of a person who lacks capacity, regard shall be had to —

( a ) the likelihood of the recovery of the person ’ s capacity in respect of the matter concerned, and

( b ) the urgency of making the decision prior to such recovery.

(11) In making a decision, the person making the decision —

( a ) shall not seek to obtain information that is not reasonably required for making a decision,

( b ) shall not use information for a purpose other than in relation to a decision, and

( c ) shall take reasonable steps to ensure that information —

(i) is kept secure from unauthorised access, use or disclosure, and

(ii) is safely disposed of when he or she believes it is no longer required.

(12) Section 4 shall not apply to a person who at the time of the decision is a child.

(13) In this section —

"capacity" has the same meaning as it has in section 3 of the Act of 2015;

"decision", means, in relation to a person, a decision under this Act concerning the care or treatment of the person (including a decision to make an admission order in relation to the person). ]

F10 [ Guiding principles in respect of children.

Annotations

Inserted by Mental Health (Amendment) Act 2018 (10/2018), s. 4, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: section inserted by Mental Health (Amendment) Act 2018 (10/2018), s. 4, not commenced as of date of revision.

F10 [ 4A. (1) In making a decision under this Act concerning the care or treatment of a child (including the making of a specific application under section 25(1) and a decision of the Court to make an order under section 25(6) authorising the detention of a child in an approved centre), the best interests of the child shall be the paramount consideration.

(2) Notwithstanding the generality of subsection (1) , in making a decision under this Act concerning the care or treatment of a child (including the making of a specific application under section 25(1) and a decision of the Court to make an order under section 25(6) authorising the detention of a child in an approved centre), due regard shall also be given to the following principles (in this Act referred to as "guiding principles"), namely the need —

( a ) for every child to have access to health services that have as the aim of those services, the delivery of the highest attainable standard of child mental health,

( b ) in the case of a child who is capable of forming his or her own views, to consult, where practicable, the child at each stage of diagnosis and treatment and give due weight to —

(i) his or her views, and

(ii) his or her will or preferences,

having regard to the age and maturity of that child,

( c ) in so far as is practicable, to provide care and treatment —

(i) in an age-appropriate environment, and

(ii) in close proximity to the child ’ s home or family, as appropriate,

( d ) for the child to receive the least intrusive treatment possible in the least restrictive environment practicable, and

( e ) to respect the right of the child to dignity, bodily integrity, privacy and autonomy. ]

Editorial Notes:

The section heading is taken from the amending section in the absence of one included in the amendment.

5.—(1) The Minister may—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act,

(c) if any difficulty arises during the period of 12 months from the commencement of this Act in bringing this Act into operation, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

Power pursuant to subs. (1) exercised (26.02.2008) by Mental Health Act 2001 (Period Prescribed under Section 72(6)) Regulations 2008 S.I. No. 44 of 2008.

Power pursuant to subs. (1) exercised (1.11.2006) by Mental Health Act 2001 (Approved Centres) Regulations 2006 S.I. No. 551 of 2006, in effect as per reg. 2.

Power pursuant to subs. (1) exercised (1.11.2006) by Mental Health Act 2001 (Authorised Officer) Regulations 2006 S.I. No. 550 of 2006, in effect as per reg. 2.

6.—(1) Subject to subsection (2), the enactments specified in column (3) of the Schedule at any reference number are hereby repealed to the extent mentioned in column (4) of that Schedule at that reference number.

(2) The repeal effected by subsection (1) of section 94 of the Act of 1945 shall not have effect in so far as the said section 94 applies to a person who, upon the commencement of the repeal, is a resident medical superintendent.

7.—The expenses incurred by the Minister in the administration of this Act, shall to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Involuntary admission of persons to approved centres

Criteria for involuntary admission to approved centres.

8.—(1) A person may be involuntarily admitted to an approved centre pursuant to an application under section 9 or 12 and detained there on the grounds that he or she is suffering from a mental disorder.

(2) Nothing in subsection (1) shall be construed as authorising the involuntary admission of a person to an approved centre by reason only of the fact that the person—

(a) is suffering from a personality disorder,

(b) is socially deviant, or

(c) is addicted to drugs or intoxicants.

(3) The Commission shall, from time to time, issue guidelines for staff in approved centres in relation to the provisions of this section.

Persons who may apply for involuntary admission.

9.—(1) Subject to subsection (4) and (6) and section 12, where it is proposed to have a person (other than a child) involuntarily admitted to an approved centre, an application for a recommendation that the person be so admitted may be made to a registered medical practitioner by any of the following:

(a) the spouse F11 [ or civil partner ] or a relative of the person,

(b) an authorised officer,

(c) a member of the Garda Síochána, or

(d) subject to the provisions of subsection (2), any other person.

(2) The following persons shall be disqualified for making an application in respect of a person—

(a) a person under the age of 18 years,

(b) an authorised officer or a member of the Garda Síochána who is a relative of the person or of the spouse F11 [ or civil partner ] of the person,

(c) a member of the governing body, or the staff, or the person in charge, of the approved centre concerned,

F12 [ ( cc ) an authorised person (but without prejudice to any capacity that the authorised person has to make such an application by virtue of paragraph ( a ), ( b ) or ( c ) of subsection (1) ), ]

(d) any person with an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the approved centre concerned,

(e) any registered medical practitioner who provides a regular medical service at the approved centre concerned,

(f) the spouse F11 [ or civil partner ] , parent, grandparent, brother, sister, uncle or aunt of any of the persons mentioned in the foregoing paragraphs (b) to (e), whether of the whole blood, of the half blood or by affinity.

(3) An application shall be made in a form specified by the Commission.

(4) A person shall not make an application unless he or she has observed the person the subject of the application not more than 48 hours before the date of the making of the application.

(5) Where an application is made under subsection (1)(d), the application shall contain a statement of the reasons why it is so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.

(6) A person who, for the purposes of or in relation to an application, makes any statement which is to his or her knowledge false or misleading in any material particular, shall be guilty of an offence.

(7) In paragraph (c) of subsection (2), the reference to a member of the governing body of the approved centre concerned does not include a reference to F13 [ a member of the Board of the Health Service Executive. ]

(8) In this section—

“authorised officer” means an officer of F13 [ the Health Service Executive ] who is of a prescribed rank or grade and who is authorised by the chief executive officer to exercise the powers conferred on authorised officers by this section;

F14 [ "civil partner", in relation to a person, does not include a civil partner of a person who is living separately and apart from the person or in respect of whom —

( a ) an application for an order has been made under the Domestic Violence Act 2018 or an application for an order has been made which is treated, in accordance with section 42 of that Act, as if it had been made under that Act, or

( b ) an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act; ]

F14 [ "spouse", in relation to a person, does not include a spouse of a person who is living separately and apart from the person or in respect of whom —

( a ) an application for an order has been made under the Domestic Violence Act 2018 or an application for an order has been made which is treated, in accordance with section 42 of that Act, as if it had been made under that Act, or

( b ) an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act. ]

Annotations

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 98(3), S.I. No. 648 of 2010.

Inserted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(2), commenced on enactment.

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 2(a) and (b), S.I. No. 887 of 2004.

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 48, S.I. No. 532 of 2018.

Editorial Notes:

Power pursuant to subs. (8) exercised (1.11.2006) by Mental Health Act 2001 (Authorised Officer) Regulations 2006 S.I. No. 550 of 2006, in effect as per reg. 2.

Previous affecting provision: definition of “civil partner” inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 98(3), S.I. No. 648 of 2010; substituted as per F-note above.

Making of recommendation for involuntary admission.

10.—(1) Where a registered medical practitioner is satisfied following an examination of the person the subject of the application that the person is suffering from a mental disorder, he or she shall make a recommendation (in this Act referred to as “a recommendation”) in a form specified by the Commission that the person be involuntarily admitted to an approved centre (other than the Central Mental Hospital) specified by him or her in the recommendation.

(2) An examination of the person the subject of an application shall be carried out within 24 hours of the receipt of the application and the registered medical practitioner concerned shall inform the person of the purpose of the examination unless in his or her view the provision of such information might be prejudicial to the person's mental health, well-being or emotional condition.

(3) A registered medical practitioner shall, for the purposes of this section, be disqualified for making a recommendation in relation to a person the subject of an application—

(a) if he or she has an interest in the payments (if any) to be made in respect of the care of the person in the approved centre concerned,

(b) if he or she is a member of the staff of the approved centre to which the person is to be admitted,

(c) if he or she is a spouse F15 [ , a civil partner ] or a relative of the person, or

(d) if he or she is the applicant.

(4) A recommendation under subsection (1) shall be sent by the registered medical practitioner concerned to the clinical director of the approved centre concerned and a copy of the recommendation shall be given to the applicant concerned.

(5) A recommendation under this section shall remain in force for a period of 7 days from the date of its making and shall then expire.

Annotations

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 98(4), S.I. No. 648 of 2010.

Modifications (not altering text):

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

Disclosure of previous application for involuntary admission.

11.—(1) Where following the refusal of an application any further such application is made in respect of the same person, the applicant, so far as he or she is aware of the facts relating to the previous application and its refusal, shall state those facts to the registered medical practitioner to whom the further application is made.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

Annotations

Modifications (not altering text):

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

Powers of Garda Síochána to take person believed to be suffering from mental disorder into custody.

12.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that a person is suffering from a mental disorder and that because of the mental disorder there is a serious likelihood of the person causing immediate and serious harm to himself or herself or to other persons, the member may either alone or with any other members of the Garda Síochána—

(a) take the person into custody, and

(b) enter if need be by force any dwelling or other premises or any place if he or she has reasonable grounds for believing that the person is to be found there.

(2) Where a member of the Garda Síochána takes a person into custody under subsection (1), he or she or any other member of the Garda Síochána shall make an application forthwith in a form specified by the Commission to a registered medical practitioner for a recommendation.

(3) The provisions of sections 10 and 11 shall apply to an application under this section as they apply to an application under section 9 with any necessary modifications.

(4) If an application under this section is refused by the registered medical practitioner pursuant to the provisions of section 10, the person the subject of the application shall be released from custody immediately.

(5) Where, following an application under this section, a recommendation is made in relation to a person, a member of the Garda Síochána shall remove the person to the approved centre specified in the recommendation.

Annotations

Modifications (not altering text):

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

Removal of persons to approved centres.

13.—(1) Where a recommendation is made in relation to a person (other than a recommendation made following an application under section 12), the applicant concerned shall arrange for the removal of the person to the approved centre specified in the recommendation.

(2) Where the applicant concerned is unable to arrange for the removal of the person concerned, the clinical director of the approved centre specified in the recommendation or a consultant psychiatrist acting on his or her behalf shall, at the request of the registered medical practitioner who made the recommendation, arrange for the removal of the person to the approved centre by members of the staff of the approved centre F16 [ or by authorised persons ] .

(3) Where the clinical director of the approved centre or a consultant psychiatrist acting on his or her behalf and the registered medical practitioner who made the recommendation are of opinion that there is a serious likelihood of the person concerned causing immediate and serious harm to himself or herself or to other persons, the clinical director or a consultant psychiatrist acting on his or her behalf may, if necessary, request the Garda Síochána to assist F17 [ in such removal ] of the person to that centre and the Garda Síochána shall comply with any such request.

(4) Where a request is made to the Garda Síochána under subsec-tion (3), a member or members of the Garda Síochána may—

(a) enter if need be by force any dwelling or other premises where he or she has reasonable cause to believe that the person concerned may be, and

(b) take all reasonable measures necessary for the removal of the person concerned to the approved centre including, where necessary, the detention or restraint of the person concerned.

Annotations

Inserted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(3)(a), commenced on enactment.

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(3)(b), commenced on enactment.

Modifications (not altering text):

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

14.—(1) Where a recommendation in relation to a person the subject of an application is received by the clinical director of an approved centre, a consultant psychiatrist on the staff of the approved centre shall, as soon as may be, carry out an examination of the person and shall thereupon either—

(a) if he or she is satisfied that the person is suffering from a mental disorder, make an order to be known as an involuntary admission order and referred to in this Act as “an admission order” in a form specified by the Commission for the reception, detention and treatment of the person and a person to whom an admission order relates is referred to in this Act as “a patient”, or

(b) if he or she is not so satisfied, refuse to make such order.

(2) A consultant psychiatrist, a medical practitioner or a registered nurse on the staff of the approved centre shall be entitled to take charge of the person concerned and detain him or her for a period not exceeding 24 hours (or such shorter period as may be prescribed after consultation with the Commission) for the purpose of carrying out an examination under subsection (1) or, if an admission order is made or refused in relation to the person during that period, until it is granted or refused.

(3) A consultant psychiatrist shall, for the purposes of this section, be disqualified for making an admission order in relation to a person the subject of an application—

(a) if he or she is a spouse F18 [ , a civil partner ] or a relative of the person, or

(b) if he or she is the applicant.

Annotations

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 98(5), S.I. No. 648 of 2010.

Duration and renewal of admission orders.

15.—(1) An admission order shall authorise the reception, detention and treatment of the patient concerned and shall remain in force for a period of 21 days from the date of the making of the order and, subject to subsection (2) and section 18(4), shall then expire.

(2) The period referred to in subsection (1) may be extended by order (to be known as and in this Act referred to as “a renewal order”) made by the consultant psychiatrist responsible for the care and treatment of the patient concerned for a further period not exceeding 3 months.

F19 [ (3) ( a ) The period referred to in subsection (1) may be further extended by order made by the consultant psychiatrist concerned for a period not exceeding 6 months beginning on the expiration of the renewal order made by the psychiatrist under subsection (2) and thereafter may be further extended by order made by the psychiatrist for periods each of which does not exceed 6 months (each of which orders is also referred to in this Act as "a renewal order").

( b ) Subject to paragraphs (c) and (d) , a patient detained pursuant to any renewal order made under paragraph (a) for a period exceeding 3 months, or his or her legal representative, on the instructions of the patient or on the representative ’ s own initiative, may make one application per renewal order period, in a form specified by the Commission for the purpose, in respect of that renewal order to the Commission to have his or her detention reviewed by a tribunal in accordance with the provisions of section 18 .

( c ) An application referred to in paragraph (b) shall be made to the Commission not earlier than 3 months from the date on which the renewal order concerned was made under paragraph (a) .

( d ) For the purposes of a review conducted pursuant to an application referred to in paragraph (b) , subsection (1) of section 18 shall be read as if paragraph (a) of that subsection were deleted therefrom and the following paragraph were substituted therefor:

"( a ) if satisfied that the patient is suffering from a mental disorder, affirm the order, or" ]

(4) The period referred to in subsection (1) shall not be extended under subsection (2) or (3) unless the consultant psychiatrist concerned has not more than one week before the making of the order concerned examined the patient concerned and certified in a form specified by the Commission that the patient continues to suffer from a mental disorder.

Annotations

Substituted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 4, S.I. No. 397 of 2018.

Editorial Notes:

Previous affecting provisions: application of subs. (1) extended and transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).

Provision of information for persons admitted to approved centres.

16.—(1) Where a consultant psychiatrist makes an admission order or a renewal order, he or she shall, not later than 24 hours thereafter—

(a) send a copy of the order to the Commission, and

(b) give notice in writing of the making of the order to the patient.

(2) A notice under this section shall include a statement in writing to the effect that the patient—

(a) is being detained pursuant to section 14 or 15, as the case may be,

(b) is entitled to legal representation,

(c) will be given a general description of the proposed treatment to be administered to him or her during the period of his or her detention,

(d) is entitled to communicate with the Inspector,

(e) will have his or her detention reviewed by a tribunal in accordance with the provisions of section 18,

F20 [ ( ee ) subject to section 15(3)(c) and (d) , is entitled, by virtue of section 15(3)(b) , to apply (or have his or her legal representative apply on the instructions of the patient or on the representative ’ s own initiative) to the Commission to have the patient ’ s detention further reviewed by a tribunal in accordance with the provisions of section 18 , ]

(f) is entitled to appeal to the Circuit Court against a decision of a tribunal under section 18 if he or she is the subject of a renewal order, and

(g) may be admitted to the approved centre concerned as a voluntary patient if he or she indicates a wish to be so admitted.

(3) In this section references to an admission order shall include references to the relevant recommendation and the relevant application.

Annotations

Inserted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 5, S.I. No. 397 of 2018.

Editorial Notes:

Previous affecting provisions: transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).

Referral of admission order and renewal order to a tribunal.

17.—(1) Following the receipt by the Commission of a copy of an admission order or a renewal order, F21 [ or an application referred to in section 15(3)(b) , ] the Commission shall, as soon as possible—

(a) refer the matter to a tribunal,

(b) assign a legal representative to represent the patient concerned unless he or she proposes to engage one,

(c) direct in writing (referred to in this section as “a direction”) a member of the panel of consultant psychiatrists established under section 33(3)(b) to—

(i) examine the patient concerned,

(ii) interview the consultant psychiatrist responsible for the care and treatment of the patient, and

(iii) review the records relating to the patient,

in order to determine in the interest of the patient whether the patient is suffering from a mental disorder and to report in writing within 14 days on the results of the examination, interview and review to the tribunal to which the matter has been referred and to provide a copy of the report to the legal representative of the patient.

(2) Where the Commission gives a direction under this section, the consultant psychiatrist concerned shall, on presentation by him or her of the direction at the approved centre concerned, be admitted to the centre and allowed to—

(a) examine the patient and the records relating to the patient, and

(b) interview the consultant psychiatrist responsible for the care and treatment of the patient.

(3) If the consultant psychiatrist to whom a direction has been given under this section is unable to examine the patient concerned, he or she shall so notify the Commission in writing and the Commission shall give a direction under subsection (1) to another member of the panel of consultant psychiatrists.

(4) A person who obstructs or interferes or fails to co-operate with a consultant psychiatrist in the performance of his or her functions under this section shall be guilty of an offence.

Annotations

Inserted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 6, S.I. No. 397 of 2018.

Editorial Notes:

Previous affecting provisions: section prior to 30 March 2020 temporarily suspended and subs. (1)(c) substituted, (d) inserted, subs. (2) suspended, subs. (3) substituted and subss. (5) and (6) inserted (30.03.2020 to 9.11.2021, see annotation to s. 2A) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), ss. 17, 23(a), commenced as per s. 1(2)(b), 3(a), (b), subject to transitional exception in s. 24. Ceased 10.11.2021.

Previous affecting provision: subs. (1)(b) substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 144(a), not commenced; repealed (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 3(f), S.I. No. 194 of 2023.

Previous affecting provisions: transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).

Review by a tribunal of admission orders and renewal orders.

18.—(1) Where an admission order or a renewal order has been referred to a tribunal under section 17, the tribunal shall review the detention of the patient concerned and shall either—

(a) if satisfied that the patient is suffering from a mental disorder, and

(i) that the provisions of sections 9, 10, 12, 14, 15 and 16, where applicable, have been complied with, or

(ii) if there has been a failure to comply with any such provision, that the failure does not affect the substance of the order and does not cause an injustice,

affirm the order, or

(b) if not so satisfied, revoke the order and direct that the patient be discharged from the approved centre concerned.

F22 [ (2) Subject to subsection (4) , a decision under subsection (1) shall be made as soon as may be, but —

( a ) in the case of an admission order or a renewal order, not later than 21 days after the making of such order, or

( b ) in the case of an application referred to in section 15(3)(b) , not later than 21 days after the date on which the Commission received the application. ]

(3) Before making a decision under subsection (1), a tribunal shall have regard to the relevant report under section 17(1)(c).

(4) The period referred to in subsection (2) may be extended by order by the tribunal concerned (either of its own motion or at the request of the patient concerned) for a further period of 14 days and thereafter may be further extended by it by order for a period of 14 days on the application of the patient if the tribunal is satisfied that it is in the interest of the patient and the relevant admission order, or as the case may be, renewal order shall continue in force until the date of the expiration of the order made under this subsection.

(5) Notice in writing of a decision under subsection (1) and the reasons therefor shall be given to—

(a) the Commission,

(b) the consultant psychiatrist responsible for the care and treatment of the patient concerned,

(c) the patient and his or her legal representative, and

(d) any other person to whom, in the opinion of the tribunal, such notice should be given.

(6) The notice referred to in subsection (5) shall be given as soon as may be after the decision and within the period specified in subsection (2) or, if it be the case that period is extended by order under subsection (4), within the period specified in that order.

(7) In this section references to an admission order shall include references to the relevant recommendation and the relevant application.

Annotations

Substituted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 7, S.I. No. 397 of 2018.

Editorial Notes:

Previous affecting provisions: section prior to 30 March 2020 temporarily suspended and subs. (3) amended, subss. (3A), (3B) inserted and subs. (4) substituted (30.03.2020 to 9.11.2021, see annotation to s. 2A) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 18, commenced as per s. 1(2)(b), 3(a), (b), subject to transitional exception in s. 24. Ceased 10.11.2021.

Previous affecting provisions: transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).

Appeal to Circuit Court.

19.—(1) A patient may appeal to the Circuit Court against a decision of a tribunal to affirm an order made in respect of him or her on the grounds that he or she is not suffering from a mental disorder.

(2) An appeal under this section shall be brought by the patient by notice in writing within 14 days of the receipt by him or her or by his or her legal representative of notice under section 18 of the decision concerned.

(3) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of the circuit in which the approved centre concerned is situated or, at the option of the patient, in which the patient is ordinarily resident.

(4) On appeal to it under subsection (1), the Circuit Court shall—

(a) unless it is shown by the patient to the satisfaction of the Court that he or she is not suffering from a mental disorder, by order affirm the order, or

(b) if it is so shown as aforesaid, by order revoke the order.

(5) An order under subsection (4) may contain such consequential or supplementary provisions as the Circuit Court considers appropriate.

(6) Notice of any proceedings under this section shall be served by the person bringing the proceedings on—

(a) the consultant psychiatrist concerned,

(b) the tribunal concerned,

(c) the clinical director of the approved centre concerned, and

(d) any other person specified by the Circuit Court.

(7) Before making an order under this section, the Circuit Court shall have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person on whom notice is served under subsection (6) or any other person having an interest in the proceedings.

(8) The Circuit Court shall exclude from the Court during the hearing of an appeal under this section all persons except officers of the Court, persons directly concerned in the hearing, bona fide representatives of the Press and such other persons (if any) as the Court may in its discretion permit to remain.

(9) No matter likely to lead members of the public to identify a patient who is or has been the subject of proceedings under this section shall be published in a written publication available to the public or be broadcast.

(10) Without prejudice to subsection (8), the Circuit Court may, in any case if satisfied that it is appropriate to do so in the interests of the patient, by order dispense with the prohibitions of that subsection in relation to him or her to such extent as may be specified in the order.

(11) If any matter is published or broadcast in contravention of subsection (8), each of the following persons, namely—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of any other publication, the person who publishes it, and

(c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence.

(12) Nothing in this section shall affect the law as to contempt of court.

(13) In this section—

“broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“written publication” includes a film, a sound track and any other record in permanent form (including a record that is not in a legible form but which is capable of being reproduced in a legible form) but does not include an indictment or other document prepared for use in particular legal proceedings.

(14) In any proceedings under this section a document purporting to be a report prepared pursuant to section 17 concerning a patient shall be evidence of the matters stated in the document without further proof and shall, unless the contrary is proved, be deemed to be such a document.

(15) A notice required by subsection (6) to be served on a person, may be so served—

(a) by delivering it to him or her or to his or her solicitor,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business or by addressing it to his or her solicitor and leaving it at the solicitor's office,

(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business or to his or her solicitor at the solicitor's office, or

(d) in the case of a body corporate, by delivering it, or sending it by registered post, to the secretary or other officer of the body at its registered or principal office.

(16) No appeal shall lie against an order of the Circuit Court under this section other than an appeal on a point of law to the High Court.

Annotations

Editorial Notes:

Previous affecting provisions: transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).

Application for transfer of patient.

20.—(1) Where a patient or the person who applied for a recommendation under which a patient is detained in an approved centre applies to the clinical director of the centre for a transfer of the patient to another approved centre, the clinical director may, if he or she so thinks fit, arrange for the transfer of the patient to the centre with the consent of the clinical director of the second-mentioned approved centre.

(2) Where a patient is transferred to an approved centre under subsection (1), the clinical director of the centre from which he or she has been transferred shall, as soon as may be, give notice in writing of the transfer to the Commission.

(3) A patient may be detained in an approved centre to which he or she has been transferred under subsection (1) until the date of the expiration of the admission order pursuant to which he or she was detained in the centre from which he or she was transferred.

(4) The detention of a patient in another approved centre under this section shall be deemed for the purposes of this Act to be detention in the centre from which he or she was transferred.

(5) In this section references to an admission order include references to a renewal order.

Transfer of patient.

21.—(1) Where the clinical director of an approved centre is of opinion that it would be for the benefit of a patient detained in that centre, or that it is necessary for the purpose of obtaining special treatment for such patient, that he or she should be transferred to another approved centre (other than the Central Mental Hospital), the clinical director may arrange for the transfer of the patient to the other centre with the consent of the clinical director of that centre.

(2) (a) Where the clinical director of an approved centre—

(i) is of opinion that it would be for the benefit of a patient detained in that centre, or that it is necessary for the purpose of obtaining special treatment for such a patient, to transfer him or her to the Central Mental Hospital, and

(ii) proposes to do so,

he or she shall notify the Commission in writing of the proposal and the Commission shall refer the proposal to a tribunal.

(b) Where a proposal is referred to a tribunal under this section, the tribunal shall review the proposal as soon as may be but not later than 14 days thereafter and shall either—

(i) if it is satisfied that it is in the best interest of the health of the patient concerned, authorise the transfer of the patient concerned, or

(ii) if it is not so satisfied, refuse to authorise it.

(c) The provisions of sections 19 and 49 shall apply to the referral of a proposal to a tribunal under this section as they apply to the referral of an admission order to a tribunal under section 17 with any necessary modifications.

(d) Effect shall not be given to a decision to which paragraph (b) applies before—

(i) the expiration of the time for the bringing of an appeal to the Circuit Court, or

(ii) if such an appeal is brought, the determination or withdrawal thereof.

(3) Where a patient is transferred to an approved centre under this section, the clinical director of the centre from which he or she has been transferred shall, as soon as may be, give notice in writing of the transfer to the Commission.

(4) The detention of a patient in another approved centre under this section shall be deemed for the purposes of this Act to be detention in the centre from which he or she was transferred.

(5) In this section references to an admission order include references to a renewal order.

Transfer of patient to hospital.

22.—(1) A clinical director of an approved centre may arrange for the transfer of a patient detained in that centre for treatment to a hospital or other place and for his or her detention there for that purpose.

(2) A patient removed under this section to a hospital or other place may be kept there so long as is necessary for the purpose of his or her treatment and shall then be taken back to the approved centre from which he or she was transferred.

(3) The detention of a patient in a hospital or other place under this section shall be deemed for the purposes of this Act to be detention in the centre from which he or she was transferred.

Power to prevent voluntary patient from leaving approved centre.

23.—(1) Where a person (other than a child) who is being treated in an approved centre as a voluntary patient indicates at any time that he or she wishes to leave the approved centre, then, if a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the person is suffering from a mental disorder, he or she may detain the person for a period not exceeding 24 hours or such shorter period as may be prescribed, beginning at the time aforesaid.

(2) Where the parents of a child who is being treated in an approved centre as a voluntary patient, or either of them, or a person acting in loco parentis indicates that he or she wishes to remove the child from the approved centre and a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the child is suffering from a mental disorder, the child may be detained and placed in the custody of F23 [ the Health Service Executive. ]

(3) Where a child is detained in accordance with this section, F23 [ the Health Service Executive ] shall, unless it returns the child to his or her parents, or either of them, or a person acting in loco parentis, make an application under section 25 at the next sitting of the District Court held in the same district court district or, in the event that the next such sitting is not due to be held within 3 days of the date on which the child is placed in the case of F23 [ the Health Service Executive ] , at a sitting of the District Court, which has been specially arranged, held within the said 3 days, and the health board shall retain custody of the child pending the hearing of that application.

(4) The provisions of section 13(4) of the Child Care Act, 1991, shall apply to the making of an application in respect of a child to whom this section applies with any necessary modifications.

Annotations

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 3(a) and (b), S.I. No. 887 of 2004.

Modifications (not altering text):

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

Power to detain voluntary patients.

24.—(1) Where a person (other than a child) is detained pursuant to section 23, the consultant psychiatrist responsible for the care and treatment of the person prior to his or her detention shall either discharge the person or arrange for him or her to be examined by another consultant psychiatrist who is not a spouse F24 [ , civil partner ] or relative of the person.

(2) If, following such an examination, the second-mentioned consultant psychiatrist—

(a) is satisfied that the person is suffering from a mental disorder, he or she shall issue a certificate in writing in a form specified by the Commission stating that he or she is of opinion that because of such mental disorder the person should be detained in the approved centre, or

(b) is not so satisfied, he or she shall issue a certificate in writing in a form specified by the Commission stating that he or she is of opinion that the person should not be detained and the person shall thereupon be discharged.

(3) Where a certificate is issued under subsection (2)(a), the consultant psychiatrist responsible for the care and treatment of the person immediately before his or her detention under section 23 shall make an admission order in a form specified by the Commission for the reception, detention and treatment of the person in the approved centre.

(4) The provisions of sections 15 to 22 shall apply to a person detained under this section as they apply to a person detained under section 14 with any necessary modifications.

(5) For the purpose of carrying out an examination under subsection (2), the consultant psychiatrist concerned shall be entitled to take charge of the person concerned for the period of 24 hours referred to in section 23.

(6) References in this section to the consultant psychiatrist responsible for the care and treatment of the person include references to a consultant psychiatrist acting on behalf of the first-mentioned consultant psychiatrist.

Annotations

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 98(6), S.I. No. 648 of 2010.

Involuntary admission of children.

F25 [ 25. — (1) Where it appears to the Health Service Executive that —

( a ) a child is suffering from a mental disorder, and

( b ) the child requires treatment which he or she is unlikely to receive unless an order is made under this section,

then, the Health Service Executive may make an application to the District Court ("the court") in the district court district where the child concerned resides or is found for an order authorising the detention of the child in an approved centre. ]

(2) Subject to subsection (3), F26 [ the Health Service Executive ] shall not make an application under subsection (1) unless the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by F27 [ the Health Service Executive ] .

(a) the parents of the child, or either of them, or a person acting in loco parentis refuses to consent to the examination of the child, or

(b) following the making of reasonable enquiries by F27 [ the Health Service Executive ] , the parents of the child or either of them or a person acting in loco parentis cannot be found by F27 [ the Health Service Executive ] ,

then, F26 [ the Health Service Executive ] may make an application under subsection (1) without any prior examination of the child by a consultant psychiatrist.

(4) Where F26 [ the Health Service Executive ] makes an application under subsection (1) without any prior examination of the child the subject of the application by a consultant psychiatrtist, the court may, if it is satisfied that there is reasonable cause to believe that the child the subject of the application is suffering from a mental disorder, direct that F27 [ the Health Service Executive ] arrange for the examination of the child by a consultant psychiatrist who is not a relative of the child and that a report of the results of the examination be furnished to the court within such time as may be specified by the court.

(5) Where the court gives a direction under subsection (4), the consultant psychiatrist who carries out an examination of the child the subject of the application shall report to the court on the results of the examination and shall indicate to the court whether he or she is satisfied that the child is suffering from a mental disorder.

(6) Where the court is satisfied having considered the report of the consultant psychiatrist referred to in subsection (1) or the report of the consultant psychiatrist referred to in subsection (5), as the case may be, and any other evidence that may be adduced before it that the child is suffering from a mental disorder, the court shall make an order that the child be admitted and detained for treatment in a specified approved centre for a period not exceeding 21 days.

(7) An application under this section may, if the court is satisfied that the urgency of the matter so requires, be made ex parte.

(8) Between the making of an application for an order under this section and its determination, the court, of its own motion or on the application of any person, may give such directions as it sees fit as to the care and custody of the child who is the subject of the application pending such determination, and any such direction shall cease to have effect on the determination of the application.

(9) Where, while an order under subsection (6) is in force, an application is made to the court by F28 [ the Health Service Executive ] for an extension of the period of detention of the child the subject of the application, the court may order that the child be detained for a further period not exceeding 3 months.

(10) On or before the expiration of the period of detention referred to in subsection (9), a further order of detention for a period not exceeding 6 months may be made by the court on the application of the health board and thereafter for periods not exceeding 6 months.

(11) A court shall not make an order extending the period of detention of a child under this section unless—

F29 [ ( a ) the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by the Health Service Executive on the application by it to the court under subsection (9) or (10) , as the case may be, and ]

(b) following consideration by the court of the report, it is satisfied that the child is still suffering from a mental disorder.

(12) Psycho-surgery shall not be performed on a child detained under this section without the approval of the court.

(13) A programme of electro-convulsive therapy shall not be administered to a child detained under this section without the approval of the court.

(14) The provisions of sections 21, 22, 24 to 35, 37 and 47 of the Child Care Act, 1991, shall apply to proceedings under this section as they apply to proceedings under those sections with the modification that references to proceedings or an order under Part III, IV or VI of that Act shall be construed as references to proceedings or an order under this section and with any other necessary modifications.

(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

Annotations

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(a), S.I. No. 887 of 2004.

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(b), S.I. No. 887 of 2004.

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(c), S.I. No. 887 of 2004.

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(d), S.I. No. 887 of 2004.

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(f), S.I. No. 887 of 2004.

Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 10, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: subs. (14) substituted by Child Care (Amendment) Act 2022 (21/2022), s. 10, not commenced as of date of revision.

F30 [ (14) Sections 21, 22, 24, 24A, 25, 27 to 35Q, 37 and 47 of the Child Care Act 1991 shall apply to proceedings under this section as they apply to proceedings to which those sections apply, subject to the following modifications:

( a ) references in those sections to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of that Act shall be construed as references to proceedings or an order under this section;

( b ) in an application under subsection (1) , the District Court shall appoint a guardian ad litem for the child to whom the application relates;

( c ) the guardian ad litem is entitled to the provision of legal advice and legal representation in the proceedings for which he or she is appointed for the child;

( d ) any other necessary modifications. ]

Editorial Notes:

The substitution of “the Health Service Executive” for “a health board” in subs. (10) as provided (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(e), S.I. No. 887 of 2004 cannot be made as the subsection refers to “the health board”.

Absence with leave.

26.—(1) The consultant psychiatrist responsible for the care and treatment of a patient may grant permission in writing to the patient to be absent from the approved centre concerned for such period as he or she may specify in the permission being a period less than the unexpired period provided for in the relevant admission order, the relevant renewal order or the relevant order under section 25, as the case may be, and the permission may be made subject to such conditions as he or she considers appropriate and so specifies.

(2) Where a patient is absent from an approved centre pursuant to subsection (1), the consultant psychiatrist may, if he or she is of opinion that it is in the interests of the patient to do so, withdraw the permission granted under subsection (1) and direct the patient in writing to return to the approved centre.

(3) In this section “patient” includes a child in respect of whom an order under section 25 is in force.

Absence without leave.

27.—(1) Where a patient in respect of whom an admission order, a renewal order or an order under section 25 is in force—

(a) leaves an approved centre without permission under section 26,

(b) fails to return to the approved centre in accordance with any direction given under the said section 26 or on the expiration of the period for which absence or leave was permitted under that section, or

(c) fails, in the opinion of the consultant psychiatrist responsible for the care and treatment of the patient, to comply with any condition specified in section 26,

the clinical director of the approved centre concerned may arrange for members of the staff of the centre F31 [ or authorised persons ] to bring the patient back to the approved centre or, if they are unable to do so and the clinical director is of the opinion that there is a serious likelihood of the F32 [ patient ] causing immediate and serious harm to himself or herself or F33 [ to other persons ] , the clinical director or a consultant psychiatrist acting on his or her behalf may, if necessary, request the Garda Síochána to assist F34 [ in such bringing back ] of the person to that centre and the Garda Síochána shall comply with any such request.

(2) A member of the Garda Síochána may for the purposes of this section—

(a) enter if need be by force any dwelling or other premises where he or she has reasonable cause to believe that the patient may be, and

(b) take all reasonable measures necessary for the return of the patient to the approved centre including, where necessary, the detention or restraint of the patient.

(3) In this section “patient” includes a child in respect of whom an order under section 25 is in force.

Annotations

Inserted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(a), commenced on enactment.

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(b), commenced on enactment.

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(c), commenced on enactment.

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(d), commenced on enactment.

Discharge of patients.

28.—(1) Where the consultant psychiatrist responsible for the care and treatment of a patient becomes of opinion that the patient is no longer suffering from a mental disorder, he or she shall by order in a form specified by the Commission revoke the relevant admission order or renewal order, as the case may be, and discharge the patient.

(2) In deciding whether and when to discharge a patient under this section, the consultant psychiatrist responsible for his or her care and treatment shall have regard to the need to ensure:

(a) that the patient is not inappropriately discharged, and

(b) that the patient is detained pursuant to an admission order or a renewal order only for so long as is reasonably necessary for his or her proper care and treatment.

(3) Where a consultant psychiatrist discharges a patient under this section, he or she shall give to the patient concerned and his or her legal representative a notice in a form specified by the Commission to the effect that he or she—

(a) is being discharged pursuant to this section,

(b) is entitled to have his or her detention reviewed by a tribunal in accordance with the provisions of section 18 or, where such review has commenced, completed in accordance with that section if he or she so indicates by notice in writing addressed to the Commission within 14 days of the date of his or her discharge.

(4) Where a consultant psychiatrist discharges a patient under this section, he or she shall cause copies of the order made under subsection (1) and the notice referred to in subsection (3) to be given to the Commission and, where appropriate, F35 [ the Health Service Executive ] and housing authority.

(5) Where a patient is discharged under this section—

(a) if a review under section 18 has then commenced, it shall be discontinued unless the patient requests by notice in writing addressed to the Commission within 14 days of his or her discharge that it be completed, or

(b) if such a review has not then commenced, it shall not be held unless the patient indicates by notice in writing addressed to the Commission within 14 days of his or her discharge that he or she wishes such a review to be held,

and, if he or she requests that a review under section 18 be completed or held, as the case may be, the provisions of sections 17 to 19 shall apply in relation to the review with any necessary modifications.

Annotations

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 5, S.I. No. 887 of 2004.

Editorial Notes:

Previous affecting provisions: section prior to 30 March 2020 temporarily suspended and subs. (3)(b), (5) amended, subs. (6) inserted (30.03.2020 to 9.11.2021, see annontation to s. 2A) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 19, commenced as per s. 1(2)(b), (3)(a), (b), subject to transitional exception in s. 24. Ceased 10.11.2021.

Voluntary admission to approved centres.

29.—Nothing in this Act shall be construed as preventing a person from being admitted voluntarily to an approved centre for treatment without any application, recommendation or admission order rendering him or her liable to be detained under this Act, or from remaining in an approved centre after he or she has ceased to be so liable to be detained.

Penalties under Part 2

30.—A person guilty of an offence under this Part shall be liable on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.

Annotations

Editorial Notes:

The Euro equivalent of £1,5000 is €1,905. This translates into a Class C fine as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010. A class C fine is not greater than €2,500.

Independent Review of Detention

Annotations

Modifications (not altering text):

Application of Part extended (17.10.2016) by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 98(1), S.I. No. 515 of 2016.

Staff of Director of the Decision Support Service

98. (1) A person who is a member of the staff of the Director shall be a member of the staff of the Mental Health Commission and the provisions of Part 3 of the Act of 2001 shall apply to such staff.

31.—The Minister may be order appoint a day to be the establishment day for the purposes of this Part.

Annotations

Editorial Notes:

Power pursuant to section exercised (5.04.2002) by Mental Health Act 2001 (Establishment Day) Order 2002 S.I. No. 91 of 2002, in effect as per art. 2.

Establishment of Mental Health Commission.

32.—(1) On the establishment day there shall stand established a commission to be known as the Mental Health Commission (referred to in this Act as “the Commission”) to perform the functions conferred on it by this Act.

(2) The Commission shall be a body corporate with perpetual succession and an official seal and it shall have the power to sue and may be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(3) The Commission shall, subject to the provisions of this Act, be independent in the exercise of its functions.

Functions of Commission.

33.—(1) The principal functions of the Commission shall be to promote, encourage and foster the establishment and maintenance of high standards and good practices in the delivery of mental health services and to take all reasonable steps to protect the interests of persons detained in approved centres under this Act.

(2) The Commission shall undertake or arrange to have undertaken such activities as it deems appropriate to foster and promote the standards and practices referred to in subsection (1).

(3) Without prejudice to the generality of the foregoing, the Commission shall—

(a) appoint persons to be members of tribunals and provide staff and facilities for the tribunals,

(b) establish a panel of consultant psychiatrists to carry out independent medical examinations under section 17,

(c) make or arrange for the making, with the consent of the Minister and the Minister for Finance, of a scheme or schemes for the granting by the Commission of legal aid to patients,

(d) furnish, whenever it so thinks fit or is so requested by the Minister, advice to the Minister in relation to any matter connected with the functions or activities of the Commission,

(e) prepare and review periodically, after consultation with such bodies as it considers appropriate, a code or codes of practice for the guidance of persons working in the mental health services.

(4) The Commission shall have all such powers as are necessary or expedient for the purposes of its functions.

Annotations

Modifications (not altering text):

Function under subs. (3)(c) transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 S.I. No. 418 of 2011, arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

1922 to 2011 Enactments