Mental Health Act 20266

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PART 7

Miscellaneous

Chapter 1

Codes of practice, electronic signatures and care plans

Codes of practice

184. (1) Subject to subsection (2), the Commission may, and at the request of the Minister shall, prepare and publish a code of practice for any matter related to—

(a) the application of the Act of 2015 to people whose treatment is regulated by Part 3 ,

(b) the assessment and determination of capacity for children aged 16 years or older under section 61 ,

(c) the transfer of persons to the Central Mental Hospital under section 35 ,

(d) the criteria for involuntary admission under section 11 and the criteria for involuntary admission of a child under section 65 ,

(e) the bringing, and bringing back, of persons to registered acute mental health centres under section 19 or 74 ,

(f) absence with leave under section 38 or 82 ,

(g) the admission with parental consent of a child aged 16 years or older lacking necessary capacity under section 64 , and

(h) the use of advanced electronic signatures under section 185 .

(2) Before publishing a code of practice under subsection (1), the Commission—

(a) shall publish in such manner as the Commission considers appropriate a draft of the code and shall allow persons 30 days from the date of publication of the draft code within which to make representations in writing to the Commission in relation to the draft code or such further period, not exceeding 30 days, as the Commission in its absolute discretion thinks fit,

(b) shall consult with the Minister, and any other Minister as appropriate, and

(c) following consultation and, where relevant, having considered the representations (if any) made, shall submit the draft code to the Minister for his or her approval and for his or her consent to its publication.

(3) The Minister may—

(a) consent to the publication of a code of practice under this section with or without modification, or

(b) refuse to consent to publication of such a code of practice.

(4) Where the Commission publishes a code of practice under this section, the Commission shall cause a notice to that effect to be published in Iris Oifigiúil—

(a) identifying or specifying the code, and

(b) specifying the date from which the code shall have effect.

(5) The Commission may, with the consent of the Minister but subject to subsection (6) amend or revoke a code of practice published under this section.

(6) Subsection (2) shall, with all necessary modifications, apply to a code of practice that the Commission proposes to amend or revoke under subsection (5) as subsection (2) applies to a code of practice that the Commission proposes to publish under this section.

(7) Where the Commission amends or revokes a code of practice published under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—

(a) identifying or specifying the code to which the amendment or revocation relates and, if applicable, particulars of the amendment, and

(b) specifying the date from which the amendment or revocation shall have effect.

(8) The Commission shall cause to be published in such form as it considers appropriate a copy of each code of practice published under this section, as the code is in force from time to time, on and from the date on which the code has effect.

(9) A document bearing the seal of the Commission and purporting to be a code of practice published under this section or, where such a code has been amended under subsection (5), the code as so amended, shall be admissible in evidence in any proceedings under this Act or before a court or tribunal.

(10) In this section, “code of practice” includes part of a code of practice.