Mental Health Act 20266

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Transitional provisions: referral to and review by tribunal

255. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a relevant order has been made but the Commission has not received the relevant order under section 17 of the Act of 2001 by immediately before the relevant date, the Commission shall, on or after the relevant date, carry out the matters specified in subsection (1) of that section upon receipt of the relevant order.

(2) Where, before the relevant date, the Commission has received—

(a) a copy of a relevant order under section 17 of the Act of 2001,

(b) an application referred to in section 15(3)(b) of the Act of 2001, or

(c) a notice referred to in section 28(5) of the Act of 2001,

but has not carried out the matters specified in section 17(1) of the Act of 2001 by immediately before the relevant date, the Commission shall, on or after the relevant date, carry out the matters specified in that subsection.

(3) Where, immediately before the relevant date—

(a) a person has been discharged under section 28 of the Act of 2001,

(b) he or she has not made a request to the Commission for a review of his or her detention in accordance with section 28(5) of the Act of 2001, and

(c) the period allowed under section 28(5) of the Act of 2001 for making a request referred to in paragraph (b) has not yet expired,

the person may, on or after the relevant date but before the expiration of the period referred to in paragraph (c), make a request to the Commission in accordance with section 28(5) of the Act of 2001 for a review of his or her detention and, where he or she does so, the Commission shall, on or after the relevant date, carry out the matters specified in section 17(1) of that Act.

(4) Where the Commission carries out the matters specified in section 17(1) of the Act of 2001 pursuant to subsection (1), (2) or (3), a tribunal shall proceed in accordance with sections 17 and 18 of the Act of 2001 and, where the relevant order is affirmed, that decision may be appealed to the Circuit Court in accordance with section 19 of that Act.

(5) Where, before the relevant date, the Commission has referred—

(a) the making of a relevant order,

(b) an application referred to in section 15(3)(b) of the Act of 2001, or

(c) a notice referred to in section 28(5) of the Act of 2001,

to a tribunal under section 17(1) of the Act of 2001 but such tribunal has not by immediately before the relevant date reviewed the detention of the person concerned under section 18 of that Act, the tribunal shall, on or after the relevant date, carry out the review of the relevant order concerned in accordance with section 18 of that Act and, where the relevant order is affirmed, that decision may be appealed to the Circuit Court in accordance with section 19 of that Act.

(6) Where, before the relevant date, an appeal has been made under section 19 of the Act of 2001 against a decision to affirm a relevant order under section 18 of that Act but the Circuit Court has not, by immediately before the relevant date, determined the appeal, the appeal shall, on or after the relevant date, be determined in accordance with that Act.

(7) Where, immediately before the relevant date—

(a) a decision to affirm a relevant order under section 18 of the Act of 2001 has been made,

(b) the person the subject of the relevant order has not appealed the decision under section 19 of that Act, and

(c) the period of time allowed under section 19(2) of the Act of 2001 for bringing an appeal referred to in paragraph (b) has not expired,

the person the subject of the relevant order concerned may, on or after the relevant date but before the expiration of the period of time referred to in paragraph (c), appeal the decision to the Circuit Court under section 19 of that Act and, where he or she does so, the appeal shall be determined by the Circuit Court in accordance with that Act.

(8) Where a relevant order is deemed to be revoked under section 252 (5) or 254 (7) or revoked by a consultant psychiatrist due to a discharge under section 252 (3)(a) or 254 (3)(a) before a tribunal referred to in subsection (4) or (5) completes its review in respect of the relevant order under section 18 of the Act of 2001, the review by the tribunal shall not be completed unless the person or his or her legal representative notifies the Commission, as soon as practicable but not later than the time and date scheduled for the review, that the person concerned wishes the review to be completed in accordance with the Act of 2001.

(9) Where a person requests that a review referred to in subsection (8) be completed, the tribunal shall, notwithstanding that the person concerned is no longer being detained pursuant to the relevant order the subject of the review, on or after the relevant date, determine the review in accordance with the Act of 2001 with any necessary modifications.

(10) A person who is a member of a panel of consultant psychiatrists referred to in section 33(3)(b) of the Act of 2001 immediately before the relevant date shall, on and after the relevant date, continue as a member of that panel and be subject to the Act of 2001 as it stood immediately before the relevant date until the date of the determination of the final matter referred to a tribunal, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001, under subsection (4), (5), (6), (7) or (9).

(11) The functions standing vested in a member of a panel of consultant psychiatrists referred to in section 33(3)(b) of the Act of 2001 immediately before the relevant date shall, in relation to a matter referred to in subsection (10), continue to be performable on and after the relevant date by such a person.