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Application where risk to life or serious risk to health or welfare of persons in registered mental health service
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175. (1) Where the Commission has reasonable grounds to believe that there is a risk to the life, or a serious risk to the health or welfare, of members of the staff or of a person in a registered mental health service, the Commission may apply to the District Court for an order—
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(a) cancelling the registration of the registered mental health service,
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(b) varying any condition of the registration of the registered mental health service, or
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(c) attaching an additional condition to the registration of the registered mental health service.
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(2) An application under this section may be made ex parte where, having regard to the circumstances of the particular case, the Court considers it necessary or expedient to do so in the interests of justice.
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(3) Where an application under subsection (1) for an order is made ex parte, it shall be grounded on an affidavit sworn by the Chief Inspector.
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(4) Where, on hearing an application under subsection (1), the District Court is satisfied that there is a risk to the life, or a serious risk to the health or welfare, of members of the staff or a person accessing the registered mental health service because of any act, omission, failure to act or negligence on the part of the registered mental health service or the registered proprietor, it may make an order in accordance with that subsection—
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(a) cancelling the registration of the registered mental health service,
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(b) varying any condition of the registration of the registered mental health service, or
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(c) attaching an additional condition to the registration of the registered mental health service.
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(5) An application under subsection (1) shall be made to the District Court judge assigned to the District Court district in which the registered mental health service is located.
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(6) Where an order is made under subsection (4), the Chief Inspector shall, as soon as is practicable, serve a copy of the order and the affidavit referred to in subsection (3) on the registered mental health service concerned.
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