Mental Health Act 20266
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Taking charge of mental health service by Executive on cancellation of registration | ||
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178. (1) The Executive may, as soon as possible after the notification under section 176 (1)— | ||
(a) consult with the registered proprietor of the mental health service, the subject of the cancellation, and | ||
(b) make an application in accordance with subsection (3) to the District Court to take charge of the mental health service, the subject of the cancellation. | ||
(2) Where the Executive was, immediately before the cancellation, the registered proprietor of the mental health service, the Executive may, following consultation with the Commission, notwithstanding the cancellation of registration, continue to provide mental health services at the mental health service as if it were a registered mental health service as its registered proprietor and subject to the particulars of any such arrangement agreed with the Commission. | ||
(3) Subject to subsection (4), where the Executive was not, immediately before the cancellation, the registered proprietor of the mental health service, the Executive may— | ||
(a) with the consent of the person who, immediately before the cancellation was the registered proprietor, or | ||
(b) by order of the District Court following an application made under subsection (1), | ||
take charge of the mental health service and may provide mental health services at the mental health service as if it were registered under this Act with the Executive as its registered proprietor. | ||
(4) The Executive may take charge in accordance with subsection (3), until— | ||
(a) such time as the Executive seeks the closure of the service in accordance with section 177 , or | ||
(b) the mental health service is registered by the Commission in accordance with section 153 , 154 or 155 . |