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Number 11 of 2026
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MENTAL HEALTH ACT 2026
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement
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2. Interpretation
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3. Regulations
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4. Service of documents
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5. Repeals
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6. Expenses
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7. Review of operation of Act
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PART 2
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Guiding Principles
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8. Guiding principles to apply in respect of adults
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9. Guiding principles to apply in respect of children
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PART 3
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Involuntary Admission
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Chapter 1
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Involuntary admission
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10. Definitions (Part 3)
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11. Criteria for involuntary admission to registered acute mental health centre
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12. Request for application for recommendation for involuntary admission where made to authorised officer
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13. Making of application for recommendation for involuntary admission to be made by authorised officer
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14. Making of application for recommendation for involuntary admission by person other than authorised officer
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15. Making of recommendation for involuntary admission
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16. Disclosure of previous application for involuntary admission
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17. Powers of Garda Síochána in respect of involuntary admissions
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18. Bringing of persons to registered acute mental health centre
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19. Bringing and bringing back of persons to registered acute mental health centre by a service provider
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20. Emergency treatment before admission
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21. Involuntary admission order
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22. Duration and renewal of involuntary admission orders
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23. Copy of order to be sent to Commission
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24. Provision of information to persons involuntarily admitted to registered acute mental health centre
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25. Psychosocial assessment of involuntarily admitted person
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Chapter 2
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Review of involuntary admission
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26. Mental Health Review Board
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27. Panel of independent consultant psychiatrists
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28. Powers of review board
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29. Provision of information to legal representatives
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30. Referral to review board
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31. Review by review board of involuntary admission order or renewal order
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32. Appeal to Circuit Court
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33. Transfer of person on application of person
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34. Transfer of person by clinical director in certain circumstances
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35. Transfer of involuntarily admitted person to Central Mental Hospital
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36. Transfer to hospital or other place in certain circumstances
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37. Power to detain voluntarily admitted person who fulfils criteria for involuntary admission
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38. Absence with leave
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39. Absence without leave
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40. Discharge of admitted persons
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41. Provision of information for persons admitted as voluntarily admitted person to registered acute mental health centre
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Chapter 3
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Consent to treatment
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42. Definitions (consent to treatment)
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43. Consent to treatment to be obtained prior to treatment
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44. Person’s consent to treatment
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45. Capacity assessment
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46. Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3
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47. Administration of treatment following admission
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48. Application to Circuit Court in certain circumstances
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49. Treatment without consent pending Circuit Court determination
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50. Application to High Court for treatment order in certain circumstances
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51. Electro-convulsive therapy
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Chapter 4
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Restrictive practices
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52. Interpretation (restrictive practices)
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53. Seclusion
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54. Mechanical restraint
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55. Physical restraint
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56. Pharmacological restraint
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57. Application and recording of restrictive practices
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58. Regulations concerning restrictive practices
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PART 4
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Children
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Chapter 1
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General
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59. Treatment of child who is not the subject of care order
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60. Application of Act of 1991
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Chapter 2
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Admission of children
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61. Assessment of capacity of child aged 16 years or older to consent to admission, care and treatment
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62. Voluntary admission of child under 16 years of age
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63. Voluntary admission of child aged 16 years or older
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64. Admission with parental consent of child aged 16 years or older lacking necessary capacity
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65. Criteria for involuntary admission of child to registered acute mental health centre
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66. Involuntary admission of child
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67. Duration and renewal of involuntary admission order of child
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68. Copy of order in respect of child to be sent to Commission
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69. Appeal to Family Circuit Court
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70. Discharge of involuntarily admitted children
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71. Power to detain child
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72. Notification to Agency
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73. Powers of Garda Síochána to take child into custody in certain circumstances
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74. Bringing of child subject of involuntary admission order to registered acute mental health centre
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75. Provision of information for voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent
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76. Provision of information for involuntarily admitted child
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77. Right to information and attendance at meetings
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78. Bringing of child other than child subject of involuntary admission order to registered acute mental health centre
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79. Transfer of involuntarily admitted child to hospital or other place in certain circumstances
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80. Transfer of child by clinical director in certain circumstances
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81. Request for application for transfer of child
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82. Absence with leave of child
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83. Absence without leave of child
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Chapter 3
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Consent to treatment for children
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84. Consent to treatment for children to be obtained prior to treatment
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85. Child’s consent to treatment
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86. Treatment refusal by or on behalf of involuntarily admitted child
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87. Application to Family High Court for treatment order for child in certain circumstances
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88. Application to Family District Court for relevant treatment order
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Chapter 4
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Prohibited and restrictive practices for children
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89. Application (Chapter 4: Prohibited and restrictive practices for children)
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90. Prohibition on administration of electro-convulsive therapy for children
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91. Seclusion for children
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92. Mechanical restraint for children
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93. Physical restraint for children
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94. Pharmacological restraint for children
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95. Application and recording of restrictive practice on child
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96. Regulations concerning restrictive practices on children
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97. Notification of the application of a restrictive practice
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98. Role of parent or guardian regarding application of restrictive practice
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PART 5
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The Commission
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Chapter 1
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Continuance in being and functions of Commission
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99. Continuance in being of Commission
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100. Functions of Commission
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Chapter 2
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Board of Commission
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101. Functions of Board
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102. Membership of Board
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103. Casual vacancies
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104. Removal of member of Board
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105. Removal of all members of Board from office
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106. Meetings and procedures of Board
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107. Committees of Board
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108. Remuneration and expenses of members of Board and committees
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109. Membership of either House of Oireachtas, European Parliament or local authority
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Chapter 3
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Chief Executive Officer
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110. Chief Executive Officer
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111. Removal of Chief Executive Officer
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112. Functions of Chief Executive Officer
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113. Delegation of functions of Chief Executive Officer
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114. Consultation by Chief Executive Officer with Board
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115. Acting Chief Executive Officer
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Chapter 4
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Staff of Commission and specialist advisers
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116. Staff of Commission
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117. Existing staff of Commission
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118. Superannuation of staff of Commission
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119. Amending superannuation scheme
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120. Membership of either House of Oireachtas or European Parliament
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121. Specialist advisers
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Chapter 5
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Funding and accountability
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122. Borrowing by Commission
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123. Directions from Minister
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124. Strategic plan
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125. Annual business plan
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126. Annual report
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127. Reports, recommendations and information to Minister
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128. Grants to Commission
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129. Gifts
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130. Accounts and audits of Commission
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131. Accountability of Chief Executive Officer to Public Accounts Committee
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132. Accountability of Chief Executive Officer to other Oireachtas committees
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133. Prohibition on unauthorised disclosure of confidential information
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Chapter 6
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Inspector, inspections and inquiries
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134. Inspector of Mental Health Services
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135. Functions of Chief Inspector
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136. Acting Chief Inspector
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137. Assistant Inspectors of Mental Health Services
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138. Powers of inspectors
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139. Duties of inspector when making an inspection
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140. Inspection reports
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141. Annual review and report of Chief Inspector
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142. Inquiries
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143. Penalty for obstruction of Inspector
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144. Legal privilege
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PART 6
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Regulation of Mental Health Services
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Chapter 1
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Definition
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145. Definition (Part 6)
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Chapter 2
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Registration and application for registration of mental health services
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146. Register of acute mental health centres
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147. Register of community mental health centres
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148. Register of community mental health services
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149. Application for registration of acute mental health centres
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150. Application for registration of community mental health centres
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151. Application for registration of community mental health services
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152. Carrying on of more than one registered mental health service
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153. Grant or refusal of registration of acute mental health centres
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154. Grant or refusal of registration of community mental health centres
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155. Grant or refusal of registration of community mental health services
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156. Renewal of registration
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157. Representations
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158. Duration of registration
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159. Variation or addition of conditions
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160. Application by registered mental health service to vary or remove condition
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161. Removal of conditions by Commission
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162. Suspension and revocation of registration
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163. Appeals
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164. Duty to display certification
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165. Material amendment of registration
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166. Duty to notify change in information
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167. Requests by Commission for information
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Chapter 3
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Registered proprietor, registered person, responsible person and clinical director
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168. Registered proprietor
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169. Delegation of functions of registered proprietor
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170. Registered person
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171. Responsible person
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172. Clinical director
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Chapter 4
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Compliance notice
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173. Compliance notice
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Chapter 5
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Closure, cancellation and taking charge
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174. Commission may temporarily cancel registration without notice in certain circumstances
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175. Application where risk to life or serious risk to health or welfare of persons in registered mental health service
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176. Notification of temporary or permanent cancellation of registration to the Executive
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177. Closure of registered mental health service
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178. Taking charge of mental health service by Executive on cancellation of registration
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179. Transfer of persons subject of order from registered acute mental health centre following closure
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180. Transfer of persons other than those subject to order from registered acute mental health centre following closure
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181. Cessation of mental health service
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Chapter 6
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Regulations for registered mental health services
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182. Regulations for registration, operation and management of mental health services
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183. Regulations for registration, operation and management of mental health services for children
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PART 7
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Miscellaneous
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Chapter 1
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Codes of practice, electronic signatures and care plans
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184. Codes of practice
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185. Use of advanced electronic signatures
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186. Care plans for registered acute mental health centres
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187. Care plans for children in registered acute mental health centres
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188. Regulations concerning care plans
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Chapter 2
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Data protection
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189. Definitions (Chapter 2: data protection)
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190. Processing of personal data and special categories of personal data
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191. Regulations concerning data protection
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Chapter 3
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Nominated persons and records to be maintained
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192. Nominated persons
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193. Nominated person for children aged 16 years or older
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194. Records to be maintained for registered community mental health centres and registered community mental health services
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195. Records to be maintained for registered acute mental health centres
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Chapter 4
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Offences and penalties
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196. Offences and penalties
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197. Time limit where offence may be prosecuted in summary proceedings only
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198. Liability for offences by body corporate
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199. Offence of false or misleading information
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200. Minister may prescribe fee
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Chapter 5
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Legal aid
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201. Definitions (Chapter 5: legal aid)
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202. Application of Chapter
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203. Panel of legal representatives and provision of legal aid
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204. Criteria for granting legal aid for appeal
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205. Relationship between legal representative and person in receipt of legal aid
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206. Commission may request certain information in respect of legal representation
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207. Regulations concerning legal aid
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PART 8
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Amendment of Criminal Law (Insanity) Act 2006
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208. Definition
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209. Amendment of section 1 of Act of 2006
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210. Amendment of section 3 of Act of 2006
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211. Amendment of section 4 of Act of 2006
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212. Amendment of section 5 of Act of 2006
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213. Amendment of section 6 of Act of 2006
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214. Amendment of section 8 of Act of 2006
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215. Amendment of section 12 of Act of 2006
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216. Amendment of section 13 of Act of 2006
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217. Amendment of section 13A of Act of 2006
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218. Amendment of section 13B of Act of 2006
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219. Amendment of section 13C of Act of 2006
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220. Amendment of section 14 of Act of 2006
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221. Amendment of section 15 of Act of 2006
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222. Amendment of section 16 of Act of 2006
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223. Amendment of section 17 of Act of 2006
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224. Amendment of Schedule 1 to Act of 2006
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PART 9
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Amendment of Act of 2015
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225. Amendment of section 2 of Act of 2015
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226. Amendment of section 36 of Act of 2015
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227. Amendment of section 85 of Act of 2015
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228. Amendment of section 98 of Act of 2015
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229. Amendment of section 104 of Act of 2015
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230. Amendment of section 106 of Act of 2015
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231. Involuntarily admitted persons whose treatment is regulated by Chapter 3 of Part 3 of Act of 2026
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PART 10
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Consequential Amendments to Other Acts
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232. Amendment of Defence Act 1954
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233. Amendment of Courts (Supplemental Provisions) Act 1961
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234. Amendment of Coroners Act 1962
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235. Amendment of Act of 1991
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236. Amendment of Bail Act 1997
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237. Amendment of Non-Fatal Offences against the Person Act 1997
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238. Amendment of Taxes Consolidation Act 1997
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239. Amendment of Education Act 1998
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240. Amendment of Public Health (Tobacco) Act 2002
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241. Amendment of Health Act 2004
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242. Amendment of Social Welfare Consolidation Act 2005
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243. Amendment of Health Act 2007
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244. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
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245. Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012
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246. Amendment of Animal Health and Welfare Act 2013
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247. Amendment of Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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248. Amendment of Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
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249. Amendment of Family Courts Act 2024
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PART 11
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Transitional provisions
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Chapter 1
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Transitional provisions: Act of 2001
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250. Interpretation
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251. Transitional provisions: admission and renewal orders for adults
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252. Transitional provisions: involuntarily admitted adults
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253. Transitional provisions: involuntary admission processes in being
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254. Transitional provisions: admission to Central Mental Hospital
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255. Transitional provisions: referral to and review by tribunal
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256. Transitional provision: membership of tribunals
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257. Transitional provisions: admission and renewal orders for children
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258. Transitional provisions: involuntarily admitted children
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259. Transitional provisions: involuntary admission of children processes in being
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260. Transitional provisions: voluntarily admitted children
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261. Transitional provisions: transfers of persons
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262. Transitional provisions: absence with and without leave
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Chapter 2
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Registration of services
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263. Transitional provision: registration of services, general
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264. Transitional provision: registration of services
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265. Transitional provision: register of approved centres
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266. Transitional provision: Inspector of Mental Health Services
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Chapter 3
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Miscellaneous
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267. Transitional provision: Service arrangements
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268. Transitional provision: Superannuation schemes
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Acts Referred to
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Animal Health and Welfare Act 2013
(No. 15)
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Assisted Decision-Making (Capacity) Act 2015
(No. 64)
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Bail Act 1997
(No. 16)
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Broadcasting Act 2009
(No. 18)
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Child Care Act 1991
(No. 17)
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Children Act 2001
(No. 24)
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Children and Family Relationships Act 2015
(No. 9)
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
(No. 24)
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Companies Act 2014
(No. 38)
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Comptroller and Auditor General (Amendment) Act 1993
(No. 8)
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Coroners Act 1962
(No. 9)
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Courts (Supplemental Provisions) Act 1961
(No. 39)
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Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
(No. 3)
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Criminal Law (Insanity) Act 2006
(No. 11)
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Data Protection Act 2018
(No. 7)
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Defence Act 1954
(No. 18)
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Domestic Violence Act 2018
(No. 6)
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Education Act 1998
(No. 51)
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Electronic Commerce Act 2000
(No. 27)
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Ethics in Public Office Act 1995
(No. 22)
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European Parliament Elections Act 1997
(No. 2)
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Family Courts Act 2024
(No. 48)
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Guardianship of Infants Act 1964
(No. 7)
|
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Health Act 2004
(No. 42)
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Health Act 2007
(No. 23)
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Health and Social Care Professionals Act 2005
(No. 27)
|
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Legal Services Regulation Act 2015
(No. 65)
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Local Government Act 2001
(No. 37)
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Medical Practitioners Act 2007
(No. 25)
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Mental Health (Amendment) Act 2018
(No. 10)
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Mental Health Act 2001
(No. 25)
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Mental Health Acts 1945 to 2001
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Mental Health Acts 1945 to 2009
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National Vetting Bureau (Children and Vulnerable Persons) Act 2012
(No. 47)
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Non-Fatal Offences against the Person Act 1997
(No. 26)
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Nurses and Midwives Act 2011
(No. 41)
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Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
(No. 10)
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Petty Sessions (Ireland) Act 1851
(14 & 15 Vict., c. 93)
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Protected Disclosures Act 2014
(No. 14)
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Public Health (Tobacco) Act 2002
(No. 6)
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Public Service Management (Recruitment and Appointments) Act 2004
(No. 33)
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Public Service Pensions (Single Scheme and Other Provisions) Act 2012
(No. 37)
|
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Social Welfare Consolidation Act 2005
(No. 26)
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Taxes Consolidation Act 1997
(No. 39)
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Number 11 of 2026
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MENTAL HEALTH ACT 2026
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An Act to provide for the admission to, and discharge from, registered acute mental health centres, of adult persons in certain circumstances and, for the involuntary admission of adult persons who meet the criteria for involuntary admission to such centres; to provide for the criteria for, and review of, involuntary admission of adult persons to registered acute mental health centres; and, for those purposes, to provide for the establishment of mental health review boards; to provide for the care and treatment of adult persons in registered acute mental health centres and to provide that treatment, other than in certain limited circumstances, shall not be given to adult persons without consent being given for such treatment; to regulate the application, in certain limited circumstances, of restrictive practices in respect of adult persons who are admitted to registered acute mental health centres; to provide for the admission to and discharge from registered acute mental health centres of children on a voluntary basis and with parental consent; to provide for the involuntary admission to, and discharge from, registered acute mental health centres of children who meet the criteria for involuntary admission of children to registered acute mental health centres by way of application to the Family District Court or the District Court, as the case may be; to provide for the criteria for, and review of, involuntary admission of children to registered acute mental health centres; to provide for the treatment of children in registered acute mental health centres and to provide that treatment, other than in certain limited circumstances, shall not be given to children without consent being given for such treatment; to regulate the application, in certain limited circumstances, of restrictive practices and the prohibition on administration of electro convulsive therapy in respect of children who are admitted to registered acute mental health centres; to provide for applications to be made to court to provide for the entitlements of persons admitted to registered acute mental health centres; to provide for the continuation in being of the Mental Health Commission and the Inspector of Mental Health Services; to provide for the establishment and maintenance of a register of acute mental health centres, a register of community mental health centres and a register of community mental health services for such centres and services registered under and in accordance with this Act; to provide for the regulation of mental health services including registered acute mental health centres, registered community mental health centres and registered community mental health services; to provide for the monitoring and enforcement of compliance with the provisions of this Act by the Mental Health Commission; to repeal the
Mental Health Act 2001
and certain other enactments; to provide for the amendment of the
Assisted Decision-Making (Capacity) Act 2015
and certain other enactments; and to provide for related matters.
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[7th May, 2026]
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Be it enacted by the Oireachtas as follows:
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