Mental Health Act 20266

Involuntary admission order

21. (1) Where a clinical director receives a recommendation for involuntary admission under section 15 in respect of a person, the clinical director shall as soon as may be arrange for a consultant psychiatrist on the staff of the registered acute mental health centre to carry out an examination of the person the subject of the recommendation.

(2) Following an examination under subsection (1), the consultant psychiatrist shall—

(a) if satisfied that the person the subject of the recommendation has a mental disorder which fulfils the criteria for involuntary admission, make an order (in this Act referred to as an “involuntary admission order”) for the reception, detention and care and treatment of the person in the registered acute mental health centre concerned, or

(b) if not satisfied that the person the subject of the recommendation has a mental disorder which fulfils the criteria for involuntary admission, refuse to make such an involuntary admission order.

(3) A consultant psychiatrist, a registered medical practitioner or a registered nurse who is a member of staff of the registered acute mental health centre shall be entitled to take charge of the person concerned and detain him or her for a period not exceeding 24 hours for the purpose of carrying out an examination under subsection (1) and for the purpose of making or refusing to make an involuntary admission order or not, as the case may be, in relation to the person concerned.

(4) The following persons shall be disqualified from carrying out an examination under subsection (1) or making or refusing to make an involuntary admission order under subsection (2):

(a) a spouse or relative of the person, the subject of a recommendation for involuntary admission;

(b) the requester or direct applicant, as the case may be, concerned.

(5) An involuntary admission order shall be made in the form and manner specified by the Commission.