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Mental Health Act, 2001

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Number 25 of 2001


MENTAL HEALTH ACT, 2001


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

“Mental disorder”.

4.

Best interests, etc., of person.

5.

Regulations.

6.

Repeals.

7.

Expenses.

PART 2

Involuntary admission of persons to approved centres

8.

Criteria for involuntary admission to approved centres.

9.

Persons who may apply for involuntary admission.

10.

Making of recommendation for involuntary admission.

11.

Disclosure of previous application for involuntary admission.

12.

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

13.

Removal of persons to approved centres.

14.

Admission order.

15.

Duration and renewal of admission orders.

16.

Provision of information for persons admitted to approved centres.

17.

Referral of admission order and renewal order to a tribunal.

18.

Review by a tribunal of admission orders and renewal orders.

19.

Appeal to Circuit Court.

20.

Application for transfer of patient.

21.

Transfer of patient.

22.

Transfer of patient to hospital.

23.

Power to prevent voluntary patient from leaving approved centre.

24.

Power to detain voluntary patients.

25.

Involuntary admission of children.

26.

Absence with leave.

27.

Absence without leave.

28.

Discharge of patients.

29.

Voluntary admission to approved centres.

30.

Penalties under Part 2.

PART 3

Independent Review of Detention

31.

Establishment day.

32.

Establishment of Mental Health Commission.

33.

Functions of Commission.

34.

Conferral of additional functions on Commission.

35.

Membership of Commission.

36.

Terms of office of members of Commission.

37.

Chairperson of Commission.

38.

Chief Executive of Commission.

39.

Staff of Commission.

40.

Superannuation of staff of Commission.

41.

Borrowing by Commission.

42.

Reports and information to Minister.

43.

Membership of either House of Oireachtas or European Parliament.

44.

Grants to Commission.

45.

Gifts.

46.

Seal of Commission.

47.

Accounts and audits of Commission.

48.

Mental Health Tribunals.

49.

Powers of tribunals.

50.

Inspector of Mental Health Services.

51.

Functions of Inspector.

52.

Duties of Inspector when making inspection.

53.

Penalty for obstruction of Inspector.

54.

Assistant Inspectors of Mental Health Services.

55.

Inquiries.

PART 4

Consent to Treatment

56.

Definition (Part 4).

57.

Treatment not requiring consent.

58.

Psycho-surgery.

59.

Electro-convulsive therapy.

60.

Administration of medicine.

61.

Treatment of children in respect of whom an order under section 25 is in force.

PART 5

Approved Centres

62.

Definitions (Part 5).

63.

Prohibition of unregistered centres.

64.

Registration of approved centres.

65.

Appeals.

66.

Regulations in relation to approved centres.

67.

Restriction on admission of patients.

68.

Penalties under Part 5.

PART 6

Miscellaneous

69.

Bodily restraint and seclusion.

70.

Participation in clinical trials.

71.

Clinical directors.

72.

Transitional provisions.

73.

Leave of High Court for certain proceedings.

74.

Provisions in relation to offences.

75.

Review of operation of Act.

SCHEDULE

Enactments Repealed

Acts Referred to

Adoption Acts, 1952 to 1998

Child Care Act, 1991

1991, No. 17

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

Control of Clinical Trials Act, 1987

1987, No. 28

Domestic Violence Act, 1996

1996, No. 1

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Health Act, 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Health (Mental Services) Act, 1981

1981, No. 17

Mental Treatment Act, 1945

1945, No. 19

Mental Treatment Act, 1953

1953, No. 35

Mental Treatment Act, 1961

1961, No. 7

Mental Treatment (Detention in Approved Institutions) Act, 1961

1961, No. 4

Nurses Act, 1985

1985, No. 18

Petty Sessions (Ireland) Act, 1851

1851, c. 93

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Number 25 of 2001


MENTAL HEALTH ACT, 2001


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: