Mental Health Act 20266

Transitional provisions: involuntary admission of children processes in being

259. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), an application in respect of a child has been made under section 25(1) of the Act of 2001 but the District Court has not determined whether to make or refuse to make an admission order under that section by immediately before the relevant date, the Family District Court or District Court, as the case may be, shall, on or after the relevant date, determine whether or not the child should be admitted to a registered acute mental health centre in accordance with Part 4 subject to any necessary modifications.

(2) Where, before the relevant date, an appeal has been brought to the Circuit Court under section 28 of the Act of 1991 (as applied by section 25 of the Act of 2001) in respect of a relevant order but the Circuit Court has not determined the appeal by immediately before the relevant date, the appeal shall be determined, on or after the relevant date, in accordance with those Acts and where a relevant order is affirmed, those Acts, subject to sections 257 and 258 , shall apply accordingly.