Mental Treatment Act, 1945

Joint administration of mental hospital districts.

98.—(1) Where it appears to the Minister, after consultation with the mental hospital authorities of two or more mental hospital districts, that the joint management and administration of those districts for any particular purpose of or connected with the administration of this Act would tend to reduce expense or would otherwise be of public or local advantage, the Minister may by order direct that the administration of this Act in those districts shall, for the purpose specified in the order, be managed and conducted jointly by the respective mental hospital authorities of those districts through and by an authority to be set up under and in accordance with the order.

(2) An order made by the Minister under sub-section (1) of this section shall—

(a) provide for the setting up of the relevant joint authority and for the constitution, membership, procedure, finance, and officers thereof,

(b) define the functions of the joint authority and, where appropriate, delimit the respective functions of the joint authority and of the mental hospital authorities of the mental hospital districts forming the functional area of the joint authority,

(c) make such provision as the Minister thinks proper for the allocation to the joint authority of appropriate portions of the assets and property of such mental hospital authorities and for the defrayal by such mental hospital authorities of the liabilities of the joint authority and generally for the adjustment between such mental hospital authorities respectively and the joint authority of present and future property and liabilities,

(d) provide for the vesting of all property acquired by the joint authority in such mental hospital authorities in such proportions and manner as the Minister thinks proper and specifies in the order,

(e) generally make such provisions as appear to the Minister to be necessary or proper for securing the due execution by the joint authority of the purposes for which it is constituted.

(3) The respective mental hospital authorities of the several mental hospital districts forming the functional area of a joint authority shall cease to exercise or perform such of their respective powers and duties as are included by the order setting up the joint authority in the functions of the joint authority and those powers and duties shall be exercised and performed by the joint authority.

(4) The Minister may at any time at his discretion revoke or amend any order previously made by him under this section and, in particular, may at any time by order dissolve a joint authority set up under this section and make all such provisions as appear to him to be necessary or proper for the restoration of the functions of the joint authority to the several mental hospital authorities to whom those functions originally belonged or for any other purpose consequential on the dissolution of the joint authority.