Defence Forces (Temporary Provisions) Act, 1925

Provisions as to lunatic soldiers on discharge.

9.—(1) Upon the discharge of any soldier of the Forces who is certified by a person registered under the Medical Acts in actual practice of the medical profession to be a person of unsound mind and to be a proper person to be detained under care and treatment, the Minister, or any officer not below the rank of Commandant deputed by the Minister for the purpose, may, by order, cause such soldier to be sent to the lunatic asylum established for the district to which it appears to the Minister or such officer (as the case may require) after investigation made by him in accordance with the provisions of this section that such soldier belongs.

(2) Every such order as aforesaid shall specify the lunatic asylum to which the soldier of the Forces to which such order relates is to be sent.

(3) In determining the district to which any soldier of the Forces as aforesaid belongs the Minister shall make such inquiries as may be necessary for that purpose and shall have regard to the statements made in the attestation paper of such soldier and to such other sources of information as may be available.

(4) Every order made by the Minister under this section shall specify the county or county borough in the district for which the lunatic asylum specified in such order is established to which the maintenance of the soldier of the Forces to whom such order relates is to be charged.

(5) Where any soldier of the Forces is sent to a lunatic asylum under an order duly made under this section such soldier shall be admitted by the proper officer of such asylum and shall be regarded and treated in all respects as if he had been admitted into such asylum as an ordinary patient, and may, if and when the committee of management of such asylum or other lawful authority in their discretion so think fit, be discharged or placed in the care of his friends in the same manner in all respects as an ordinary patient.

(6) A soldier of the Forces duly admitted into a lunatic asylum under an order duly made under this section shall not be deemed to be a criminal lunatic within the meaning of section 6 of the Lunacy (Ireland) Act, 1901.

(7) Where a soldier of the Forces has been received into a district lunatic asylum on an order made under this section the Minister may, if he thinks proper, provide for the payment of the conveyance of the wife and children of such soldier to the district to which such soldier appears to belong, and in such a case may notify the proper local authorities of such conveyance should he consider the circumstances of the family such as would entitle them to public assistance.

(8) Section 158 (which relates to the delivery of a lunatic soldier on discharge with his wife or child at a workhouse and of a dangerous lunatic at an asylum) of the Principal Act is hereby repealed.