Mental Health Act, 2001

Mental Health Tribunals.

48.—(1) The Commission shall from time to time appoint one or more tribunals which or each of which shall be known as a Mental Health Tribunal (in this Act referred to as “a tribunal”) to determine such matter or matters as may be referred to it by the Commission under section 17 .

(2) A tribunal shall consist of 3 members.

(3) Of the members of a tribunal—

(a) one shall be a consultant psychiatrist,

(b) one shall be a practising barrister or solicitor who has had not less than 7 years' experience as a practising barrister or solicitor ending immediately before such appointment who shall be the Chairperson of the tribunal, and

(c) one shall be a person other than a person referred to in paragraphs (a) or (b) or a registered medical practitioner or a registered nurse.

(4) At a sitting of a tribunal, each member of the tribunal shall have a vote and every question shall be determined by a majority of the votes of the members.

(5) A member of the Commission shall be disqualified for membership of a tribunal.

(6) A member of a tribunal shall hold office for such period not exceeding 3 years and on such other terms and conditions as the Commission may determine when appointing him or her.

(7) A member of a tribunal may resign his or her membership by letter addressed to the Commission and the resignation shall take effect from a date specified therein or upon receipt of the letter by the Commission, whichever is the later.

(8) Each member of a tribunal shall be paid, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Commission may, with the consent of the Minister and the Minister for Finance, determine.

(9) A member of a tribunal may at any time be removed from membership of the tribunal by the Commission if, in the Commission's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Commission to be necessary for the effective performance by the tribunal of its functions.

(10) A member of a tribunal shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

(11) A member of a tribunal whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of a tribunal.

(12) In this section “consultant psychiatrist” includes a person who was employed as a consultant psychiatrist by a health board or an approved centre not more than 7 years before his or her appointment under this section.