Mental Health Act 20266
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Transitional provisions: voluntarily admitted children | ||
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260. (1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), a child is being treated in a registered acute mental health centre as a voluntary patient (within the meaning of the Act of 2001), his or her responsible consultant psychiatrist shall, as soon as may be but not later than 28 days after the relevant date, carry out an examination of the child. | ||
(2) After carrying out an examination under subsection (1), the responsible consultant psychiatrist shall— | ||
(a) arrange for the child— | ||
(i) to be admitted, with the agreement of the responsible consultant psychiatrist, and with the consent of the child or, as the case may be, his or her parents or guardian or the Agency— | ||
(I) as a voluntarily admitted child under section 62 or 63 , or | ||
(II) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 , | ||
or | ||
(ii) to be discharged from the registered acute mental health centre, | ||
or | ||
(b) where the results of the examination recommend the making of an application for involuntary admission, furnish the results of the examination to the Executive as soon as may be for the purpose of making an application for an involuntary admission order under section 66 . | ||
(3) Where the results of the examination under subsection (1) recommend the making of an application for involuntary admission, that examination shall be deemed to be an examination for the purpose of section 66 (1) if— | ||
(a) the examination was carried out within a period of not more than 72 hours before the making of the application under section 66 (3), and | ||
(b) a report of the results of the examination is furnished to the District Court or the Family District Court, as the case may be, by the Executive upon the making of the application. | ||
(4) Where, before the relevant date, a child has been detained under section 23(2) of the Act of 2001 but an application under section 25(1) of that Act has not been made by immediately before the relevant date, any admission of the child shall be determined on or after the relevant date in accordance with section 71 as if the child were detained under that section subject to the modification that the period of 24 hours referred to in section 71 (1) shall be deemed to have begun at the time the person was detained under section 23 of the Act of 2001. |