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S.I. No. 108 of 1971.
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MENTAL TREATMENT ACTS (ADAPTATION) ORDER, 1971.
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The Minister for Health, in exercise of the powers conferred on him by
Section 82
of the
Health Act, 1970
(No. 1 of 1970) hereby orders as follows:—
1. This Order may be cited as the Mental Treatment Acts (Adaptation) Order, 1971.
2. A reference in this Order to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.
3. This Order shall come into operation on the 1st day of April, 1971.
4. (1) Any reference in the Mental Treatment Acts, 1945 to 1966, to a district mental hospital shall be construed as a reference to a hospital maintained by a health board under
section 38
of the
Health Act, 1970
which, immediately before the 1st day of April, 1971 was a district mental hospital or which is designated by the board as a district mental hospital.
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(2) Any reference in the Mental Treatment Acts, 1945 to 1966, to a mental hospital authority shall be construed as a reference to a health board in its capacity as an authority performing functions under those Acts.
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(3) Any reference in the Mental Treatment Acts, 1945 to 1966, to a mental hospital district, shall be construed as a reference to the functional area of a health board.
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(4) Any reference in the Mental Treatment Acts, 1945 to 1966, to the appropriate assistance officer shall be construed as a reference to an officer employed by a public assistance authority or a health board in the administration of home assistance under the
Public Assistance Act, 1939
(No. 27 of 1939) in the relevant district.
5. Each section of the
Mental Treatment Act, 1945
(No. 19 of 1945) mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent mentioned in the second column opposite the reference to that section.
6. In
section 4
of the
Mental Treatment Act, 1953
(No. 35 of 1953), the following paragraphs shall be substituted for paragraphs (a) and (b):
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"(a) it is desired, in a case of urgency, to have a person who is for the time being outside the area in which he ordinarily resides received and detained as a temporary patient and as an eligible patient in an approved institution which is maintained by a mental hospital authority and which does not serve that area, or
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(b) it is desired, in a case where it cannot be ascertained readily in what area a person ordinarily resides, to have such person received and detained as a temporary patient and as an eligible patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which he is for the time being,".
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SCHEDULE
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Adaptations of
Mental Treatment Act, 1945
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Section
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Adaptation
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94
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The following subsection shall be substituted for subsection (2):
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"(2) Where a health board maintains a hospital other than a district mental hospital for the provision of services under the Mental Treatment Acts, 1945 to 1966, such resident medical superintendent of a district mental hospital of that health board as the chief executive officer of the board may designate shall exercise such control over the hospital so maintained as the chief executive officer, with the consent of the Minister may determine."
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107
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In subsection (1), "a resident medical superintendent of a district mental hospital of such authority" shall be substituted for "their resident medical superintendent".
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108
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In subsection (2) (a), "a district mental hospital in its functional area" shall be substituted for "their district mental hospital".
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162
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In subsection (1), "which, immediately before the 1st day of April, 1971, served the area in which he ordinarily resides or which is designated by order of the Minister as a district mental hospital to serve that area" shall be substituted for "for the mental hospital district in which he ordinarily resides".
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165
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In subsection (2), "which, immediately before the 1st day of April, 1971, served the area in which the person ordinarily resides or which is designated by order of the Minister as a district mental hospital to serve that area," shall be substituted for "for the mental hospital district in which the person ordinarily resides".
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166
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In subsection (1), "which, immediately before the 1st day of April, 1971, served the area in which such person ordinarily resides or which is designated by order of the Minister as a district mental hospital to serve that area," shall be substituted for "for the mental hospital district in which such person ordinarily resides".
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Section
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Adaptation
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170
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In subsection (2), "and shall be regarded as part of the cost of mental hospital assistance for the person in respect of whom they have been incurred" shall be deleted.
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171
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In subsection (3) (a), "the area which the hospital serves" shall be substituted for "the appropriate mental hospital district" and "such area" shall be substituted for "that district".
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In subsection (3) (b), "the area which the hospital serves" shall be substituted for "the appropriate mental hospital district" and "such area" shall be substituted for "that district".
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176
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The following paragraphs shall be substituted for paragraphs (a) and (b):
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"(a) it is desired, in a case of urgency, to have a person who is for the time being outside the area in which he ordinarily resides received and detained as a person of unsound mind and as an eligible patient in a district mental hospital which does not serve that area, or
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(b) it is desired, in a case where it cannot be ascertained readily in what area a person ordinarily resides, to have such person received and detained as a person of unsound mind and as an eligible patient in a district mental hospital for the mental hospital district in which he is for the time being'".
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184
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In subsection (1), "a mental hospital authority which, immediately before the 1st day of April, 1971, served the area in which he ordinarily resides or which is designated by order of the Minister as a district mental hospital to serve that area" shall be substituted for "the mental hospital authority for the mental hospital district in which such person ordinarily resides" and "
section 26
of the
Health Act, 1970
" shall be substituted for "section 102 of this Act".
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In subsection (8), "the area which the institution serves" shall be substituted for "the appropriate mental hospital district" and "such area" shall be substituted for "that district".
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187
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In subsection (2), "and shall be regarded as part of the cost of mental hospital assistance for the person in respect of whom they have been incurred" shall be deleted.
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190
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The following subsection shall be substituted for subsection (1):
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"(1) Where it is desired to have a person received as a voluntary patient and as an eligible patient in an approved institution maintained by a mental hospital authority which, immediately before the 1st day of April, 1971, served the area in which he ordinarily resides or which is designated by order of the Minister as a district mental hospital to serve that area or an approved institution in which voluntary patients of a mental hospital authority may, in pursuance of an arrangement made under
section 26
of the
Health Act, 1970
, be received, the appropriate applicant may make application in that behalf in the prescribed form to the person in charge of such institution".
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192
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In the second sentence, "in the area which the institution serves" shall be substituted for "the appropriate mental hospital district" and "such area" shall be substituted for "that district".
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193
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In subsection (2), "and shall be regarded as part of the cost of mental hospital assistance for the person in respect of whom they have been incurred" shall be deleted.
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Section
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Adaptation
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204A
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The following subsection shall be substituted for subsection (1):
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"(1) Any person may apply to the chief executive officer of a health board for information as to whether a particular person is detained as a patient of the board under a reception order and, if he is so detained, as to the name of the person in charge of the institution named in the reception order and the situation of that institution".
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In subsection (2), the reference to the mental hospital authority shall be construed as a reference to the chief executive officer of the health board.
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The following subsections shall be substituted for subsections (3) and (4):
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"(3) Where an application is made under subsection (1) of this section, the chief executive officer shall grant it unless he decides, and so informs the applicant, that the applicant has failed to satisfy him that he is a proper person to be given the information for which he applies.
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"(4) Where an application is made under subsection (2) of this section, the chief executive officer shall, if the person to whom the application relates is detained as a patient of the health board, grant the application unless he decides, and so informs the applicant, that the applicant has failed to satisfy him that he is a proper person to be given the document and information for which he applies."
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In subsection (5), the reference to the mental hospital authority shall be construed as a reference to the chief executive officer of the health board.
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205
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The following section shall be substituted for the section:
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"205. The chief executive officer of a health board, acting on the advice of the resident medical superintendent of the appropriate district mental hospital maintained by the board, may—
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(a) transfer a person detained in such hospital to any other institution maintained by the board, and
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(b) transfer a patient detained in an institution (other than such hospital) maintained by the board to such hospital or to any other institution maintained by the board".
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206
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The following subsection shall be substituted for subsection (1):
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"(1) Where the chief executive officer of a health board, acting on the advice of the resident medical superintendent of the appropriate district mental hospital maintained by the board, is of opinion that it would be for the benefit of the health of a person detained in such hospital or in any other institution maintained by the board, or that it is necessary for the purpose of obtaining special treatment for such person, that he should be temporarily transferred to another district mental hospital in which he may be received in pursuance to an arrangement under this section, the chief executive officer may apply to the Minister for an order directing and authorising the transfer and the Minister may, if he thinks fit, make the order and may, at any time thereafter on the request of the chief executive officer acting as aforesaid, by order direct and authorise the return of such person to the hospital or other institution from which he was transferred".
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Section
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Adaptation
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207
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In subsection (2), the following paragraph shall be substituted for paragraph (f):
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"(f) if the Minister gives notice as aforesaid, such person, if he is a person ordinarily resident in an area served by another district mental hospital, may, notwithstanding paragraph (a) of this subsection, be sent at any time to that district mental hospital".
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In subsection (3), "an area served by another district mental hospital" shall be substituted for "another mental hospital district" and "that district mental hospital" shall be substituted for "the district mental hospital for that district".
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208
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The following subsection shall be substituted for subsection (1):
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"(1) Where the chief executive officer of a health board, acting on the advice of the resident medical superintendent of a district mental hospital maintained by the board, is of opinion that a person detained in such hospital or in any other institution maintained by the board requires treatment (including surgical treatment) not available save pursuant to this section, the chief executive officer may direct and authorise the removal of such person to any hospital or other place where treatment is obtainable and in which he may be received in pursuance of an arrangement under this section".
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209
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The following subsection shall be substituted for subsection (1):
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"(1) The chief executive officer of a health board may make and carry out an arrangement for the boarding-out in a private dwelling (whether within or outside the functional area of the board) of any person detained as an eligible patient in a district mental hospital or any other institution maintained by the board".
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The references in paragraphs (c) and (d) of subsection (3) to the mental hospital authority shall be construed as references to the chief executive officer of the health board.
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210
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In subsection (1) (a), the reference to the mental hospital authority shall be construed as a reference to the chief executive officer of the health board.
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In subsection (1) (c), "the resident medical superintendent or another medical officer of a district mental hospital maintained by the health board" shall be substituted for "the resident medical superintendent of the district mental hospital of the mental hospital authority or another medical officer of such hospital".
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The references in paragraphs (e) and (f) of subsection (1) to the mental hospital authority shall be construed as references to the chief executive officer of the health board.
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The following paragraphs shall be substituted for paragraphs (i) and (j) of subsection (1):
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"(i) The chief executive officer of the health board may at any time remove the patient to any institution maintained by the board or to a different private dwelling and, if the patient becomes dangerous to himself or others, it shall be the duty of the chief executive officer of the health board to remove him forthwith to an institution maintained by the board,
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Section
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Adaptation
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(j) where the chief executive officer removes the patient pursuant to paragraph (i) of this subsection, he shall inform the Minister of the removal,".
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The reference in subsection (1) (k) to the mental hospital authority and the second reference in subsection (1) (o) to the mental hospital authority shall be construed as references to the chief executive officer of the health board.
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211
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In subsection (1) (a), the reference to the mental hospital authority shall be construed as a reference to the chief executive officer of the health board.
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In subsection (1) (b), "the resident medical superintendent or another medical officer of a district mental hospital maintained by the health board" shall be substituted for "the resident medical superintendent of the district mental hospital of the mental hospital authority or another medical officer of such hospital".
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The references in paragraphs (d) and (e) of subsection (1) to the mental hospital authority shall be construed as references to the chief executive officer of the health board.
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The following paragraphs shall be substituted for paragraphs (h) and (i) of subsection (1):
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"(h) The chief executive officer of the health board may at any time remove the patient to any institution maintained by the board or to a different private dwelling and, if the patient becomes dangerous to himself or others, it shall be the duty of the chief executive officer of the health board to remove him forthwith to an institution maintained by the board,
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(i) Where the chief executive officer removes the patient pursuant to paragraph (h) of this subsection, he shall inform the Minister of the removal".
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The reference in subsection (1) (j) to the mental hospital authority shall be construed as a reference to the chief executive officer of the health board.
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212
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The following subsections shall be substituted for subsections (1) and (2):
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"(1) The chief executive officer of a health board, acting on the advice of the resident medical superintendent of a district mental hospital maintained by the board and subject to the consent of the Minister, may make and carry out an arrangement for the maintenance, in any mental institution approved of by the Minister for that purpose and for such period as the chief executive officer thinks proper, of any person detained in such hospital or in any other institution maintained by the board.
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(2) Where a chief executive officer has arranged under this section for the maintenance of any person, he shall inform the Minister of the commencement of the maintenance".
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In subsection (3), "the relevant district mental hospital" shall be substituted for "the district mental hospital of such authority".
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216
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In subsection (1) (b), the reference to the mental hospital authority shall be construed as a reference to the chief executive officer of the health board.
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Section
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Adaptation
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225
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The reference to the mental hospital authority by whom the hospital is maintained and the third reference to the authority shall be construed as references to the chief executive officer of the health board.
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273
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In subsection (1), "a district mental hospital serving the area" shall be substituted for "the district mental hospital for the mental hospital district".
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In subsections (2) and (4) "the area" shall be substituted for "the mental hospital district".
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GIVEN under the Official Seal of the Minister for Health this 24th day of March, 1971.
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ERSKINE H. CHILDERS,
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Minister for Health.
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EXPLANATORY NOTE.
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This Order makes several adaptations in the Mental Treatment Acts, 1945 to 1966, which are necessary to enable them to have effect in conformity with the changes in the laws on the health services and the administration of them which are made by the
Health Act, 1970
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