section 25 (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. (3) An Assistant Inspector shall perform his or her functions subject to the general direction of the Inspector and a function of the Inspector performed pursuant to this Act by an Assistant Inspector shall be deemed, for the purposes of this Act, to have been performed by the Inspector. (d) is entitled to communicate with the Inspector. 9 . (3) Where proceedings are, by leave granted in pursuance of subsection (1) of this section, instituted in respect of an act purporting to have been done in pursuance of this Act, the Court shall not determine the proceedings in favour of the plaintiff unless it is satisfied that the defendant acted in bad faith or without reasonable care. Short title, collective citation, construction and commencement. (2) Subject to subsection (3), a health board 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 the health board. (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. of the (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. Mental Health Act, 2001. then, the health board may make an application to the District Court (“the court”) for an order authorising the detention of the child in an approved centre. Best interests of the patient If you are admitted to, or are receiving treatment in, approved centres (that is, psychiatric hospitals or inpatient services), your best interests should be considered before any decision about your care and treatment is made. An Act to amend the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes. (4) The Inspector shall hold office for such period and upon and subject to such terms and conditions as the Commission may determine. (2) Without prejudice to the generality of subsection (1), regulations under this section may—. (10) The following shall be absolutely privileged: (a) documents of the tribunal and documents of its members connected with the tribunal or its functions, wherever published. The rules about admission to psychiatric hospitals or units are set out in the Mental Health Act 2001. (10) for registration, be treated as if it had been registered and the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a), and, (b) if an appeal against the decision is brought under this section, during—, (i) the period from the end of the period aforesaid until the determination or withdrawal of the appeal or any appeal therefrom or from any such appeal, and. The whole Act other than sections 39 and 41. 58.—(1) Psycho-surgery shall not be performed on a patient unless—, (a) the patient gives his or her consent in writing to the psycho-surgery, and. section 18 (2) A decision under subsection (1) shall be made as soon as may be but not later than 21 days after the making of the admission order concerned or, as the case may be, the renewal order concerned. ), the applicant concerned shall arrange for the removal of the person to the approved centre specified in the recommendation. Mental Health Act 1983 (c. 20) E+W. 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. section 17 2006 and for the purposes of Section (9) of the Mental Health Act 2001, the rank and grade of the AO was prescribed as Local Health Manager, General Manager, Grade VIII, Psychiatric Nurse, Occupational Therapist, Psychologist, or Social Worker. Making of recommendation for involuntary admission. Effective Date: November 2006. (e) any registered medical practitioner who provides a regular medical service at the approved centre concerned. The Mental Health Commission carried out a review of the operation of Part 2 of the Mental Health Act 2001 in 2008. Section 9. (d)  Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he or she shall be entitled to appear, be heard and adduce evidence on the hearing of the application. This means a lot of improvements will take place in the quality of care provided to people in Mental Health Services. (d) subject to the provisions of subsection (2), any other person. (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—. (6) The Chief Executive shall be the accountable person in relation to the accounts of the Commission and shall, whenever he or she is so required by a Committee of Dáil Éireann established under Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—. (4) The Commission shall, not later than 18 months after the commencement of Part 2, prepare and submit a report in writing to the Minister on the operation of that Part together with any findings, conclusions or recommendations concerning such operation as it considers appropriate. (5) A person who wilfully obstructs or interferes with the Inspector in the performance of functions under the regulations or who fails or refuses to comply with a requirement of the Inspector under such regulations shall be guilty of an offence. (2) Where, in relation to a centre, there is a contravention of this section, the person carrying on the centre shall be guilty of an offence. 18.—(1) Where an admission order or a renewal order has been referred to a tribunal under (3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section. (3) The Commission shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify concerning or relating to the scope of its activities, or in respect of any account prepared by the Commission or any report specified in subsection (1) or in MENTAL HEALTH THE MENTAL HEALTH ACT AC~S 6 of 1997, 1 of 2006 7th Seh., 12 of 2009 [I st September, 1999.1 3rd Sch., 7 201 I Seh. (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. (a) by delivering it to him or her or to his or her solicitor. (a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both. or 12 and detained there on the grounds that he or she is suffering from a mental disorder. Private Healthcare Facilities and Services Act 1998. , to psychiatric examination, treatment or assessment do not include references to treatment under this Act. PART I. Preiiminary 1. (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. It aims to ensure the patient's best interest is the most important aspect of mental health. , 59 or 60. (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. 2020, c. 31 (8) During the period referred to in subsection (6), the provisions of Part XI of the Act of 1945 shall apply to a centre which, immediately before the commencement of Part 2, was registered under the said Part XI as if the centre were a private charitable institution within the meaning of that Part. (4) The Commission may remove a centre from the register. (i) at the time of registration or subsequently attach to the registration conditions in relation to the carrying on of the centre concerned and such other matters as it considers appropriate having regard to its functions under this Part, (ii) attach different conditions to the registration of different centres, and. 2020, c. 31 section 58 Prescribed forms. 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. Made under Section 9 of the . (a) prescribe requirements as to the maintenance, care and welfare of residents. section 33 (3) (a)  A member of the staff of the Commission (other than the Chief Executive) shall be paid out of moneys at the disposal of the Commission, such remuneration and allowances for expenses incurred by him or her as the Commission may, with the consent of the Minister and the Minister for Finance, determine. “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. (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. (3) The members of the Commission appointed pursuant to subsection (2)(b) shall be persons nominated for appointment thereto by such organisation or organisations as the Minister considers to be representative of such medical practitioners. (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. and that court may, as it thinks proper, confirm the decision or direct the Commission, as may be appropriate, to register, or to restore the registration of, the centre, to withdraw the condition or the amendment to or revocation of a condition, to attach a specified condition to the registration or to make a specified amendment to a condition of the registration. section 9 . (11) A court shall not make an order extending the period of detention of a child under this section unless—, (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 board concerned on the application of the board to the court under subsection (9) or (10), as the case may be, and. (e) give any other directions for the purpose of the proceedings concerned that appear to the tribunal to be reasonable and just. (2) Where it is proposed to perform psycho-surgery on a patient and the consent of the patient has been obtained, the consultant psychiatrist responsible for the care and treatment of the patient shall notify in writing the Commission of the proposal and the Commission shall refer the matter to a tribunal. (b) prescribe requirements as to the staffing including requirements as to the suitability of members of staff of centres. 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. , as having been elected to the European Parliament to fill a vacancy. . section 9 Private Healthcare Facilities and Services Act 1998. (b)  The Register maintained under this section shall be made available for inspection free of charge by members of the public at all reasonable times. 3. court psychosurgery Board - (2) A member of the Commission may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later. 64.—(1) The Commission shall establish and maintain a register which shall be known as “the Register of Approved Centres” and is referred to subsequently in this Act as “the Register”. (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. (4) The members of the Commission appointed pursuant to subsection (2)(c) shall be persons nominated for appointment thereto by such organisation or organisations as the Minister considers to be representative of such nurses. (b) fails to give any information within his or her knowledge reasonably required by the Inspector in the course of carrying out his or her duties. (b) being in attendance before a tribunal pursuant to a direction under paragraph (b) of subsection (2), refuses to take the oath on being required by the tribunal to do so or refuses to answer any question to which the tribunal may legally require an answer or to produce any document or thing in his or her possession or power legally required by the tribunal to be produced by the person, (c) fails or refuses to send to the tribunal any document or thing legally required by the tribunal under paragraph (d) of subsection (2) to be sent to it by the person or without just cause or excuse disobeys a direction under paragraph (c), (d) or (e) of that subsection, or. (6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. (b) giving the patient the subject of the review or his or her legal representative a copy of any report furnished to the tribunal under (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. section 18 MENTAL HEALTH ACT 1968 “medical recommendation” means a recommendation of a medical practitioner required for the purpose of an application for admission of a patient to a hospital under Part II pursuant to section 12; “mental disorder” means mental illness, arrested or incomplete development of 73.—(1) No civil proceedings shall be instituted in respect of an act purporting to have been done in pursuance of this Act save by leave of the High Court and such leave shall not be refused unless the High Court is satisfied: (a) that the proceedings are frivolous or vexatious, or. 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. (b) an authorised officer or a member of the Garda Síochána who is a relative of the person or of the spouse of the person. (j) the making of a sufficient record of the proceedings of the tribunal. Subsection 9(1) is amended by adding "or building" after "house" wherever it occurs. (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 the health board for the area in which he or she is for the time being. (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. (3) A person who contravenes this section or a rule made under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. ; “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 (b)  A person who has been notified of a proposal under paragraph (a) may, within 21 days of the receipt of the notification, make representations in writing to the Commission and the Commission shall—, (i) before deciding the matter, take into consideration any representations duly made to it under this paragraph in relation to the proposal, and. (3) The Commission shall, subject to the provisions of this Act, be independent in the exercise of its functions. Freedom of Information Act, 1997 (ii) the programme of therapy is also authorised (in a form specified by the Commission) by another consultant psychiatrist following referral of the matter to him or her by the first-mentioned psychiatrist. Have all decisions made in your best interests ; Be examined by a psychiatrist in the centre section 55 The Mental Health Act 2007 came into effect on 16 November 2007, when the Mental Health Act 1990 ceased to have effect. MENTAL HEALTH THE MENTAL HEALTH ACT AC~S 6 of 1997, 1 of 2006 7th Seh., 12 of 2009 [I st September, 1999.1 3rd Sch., 7 201 I Seh. 46.—(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal. Section 3. (d) does any other thing in relation to the proceedings before the tribunal which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court. (b) if he or she is not so satisfied, refuse to make such order. [ ] section 15 (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. (3) Each member of the Commission shall be paid such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may, with the consent of the Minister for Finance, determine. , 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 or a relative of the person. section 23 section 9 . , the person the subject of the application shall be released from custody immediately. Date of Birth ORAge (if Date of Birth not known) Age: 3. (b)  A person who contravenes paragraph (a)(ii) shall be guilty of an offence. (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. , 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 or a relative of the person. (10) A member of a tribunal shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude. Direct that the patient— be amended as follows on by a person who contravenes (! 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