Mental Health Act 20266

Assistant Inspectors of Mental Health Services

137. (1) The Commission may appoint such and so many persons (who shall be known as Assistant Inspectors of Mental Health Services and are referred to in this Act as “Assistant Inspectors”), including members of staff of the Commission, as it may determine to assist the Chief Inspector in the performance of his or her functions, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

(2) An Assistant Inspector, other than a member of the staff of the Commission, shall be paid by the Commission out of funds at its disposal, such remuneration and allowances for expenses as the Commission, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determines.

(3) An Assistant Inspector, other than a member of the staff of the Commission, shall hold office for such period and on such terms and conditions as may be determined by the Commission subject to the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

(4) Any person who immediately before the commencement of section 99 was an Assistant Inspector under section 54 of the Act of 2001 shall, on that commencement, be deemed to be an Assistant Inspector appointed under this Act.

(5) An appointment under subsection (1) shall cease—

(a) if the Commission revokes the appointment,

(b) if the appointment is for a fixed period, on the expiry of that period, or

(c) if the person was when appointed, or has since become, a member of the staff of the Commission, and the person ceases to be a member of its staff.

(6) An Assistant Inspector shall be furnished with a warrant of his or her appointment by the Commission, and shall, when exercising any power conferred on him or her by this Act if requested by a person affected thereby, produce the warrant of appointment or a copy of it to that person.

(7) An Assistant Inspector shall perform his or her functions subject to the general direction of the Chief Inspector and a function of the Chief Inspector performed pursuant to this Act by an Assistant Inspector shall be deemed, for the purposes of this Act, to have been performed by the Chief Inspector.