Mental Health Act 20266
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Chapter 2 Review of involuntary admission | ||
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Mental Health Review Board | ||
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26. (1) The Commission shall establish 3 panels of suitable persons (each of which panel in this Act shall be referred to as a “review panel”) from which the Commission shall appoint persons from time to time to sit as a board (each of which board shall be known as a Mental Health Review Board and in this Act is referred to as “a review board”) to hear and determine such matter or matters as may be referred to it by the Commission under section 30 . | ||
(2) The 3 review panels shall be as follows: | ||
(a) a review panel comprising consultant psychiatrists (in this section referred to as a “consultant psychiatrist review panel”); | ||
(b) a review panel comprising practising barristers or practising solicitors each of whom has not less than a cumulative total of 7 years’ experience as a practising barrister or practising solicitor (in this section referred to as a “legal practitioners review panel”); | ||
(c) a review panel (in this section referred to as a “community review panel”) comprising persons other than— | ||
(i) a person referred to in paragraph (a) or (b), | ||
(ii) a registered medical practitioner, or | ||
(iii) a person who was previously a practising solicitor or a practising barrister but is not currently practising (whether in the State or otherwise). | ||
(3) A review board shall consist of 3 members comprising— | ||
(a) one person who is a member of the consultant psychiatrist review panel, | ||
(b) one person who is a member of the legal practitioners review panel and who shall also be the chair of the review board, and | ||
(c) one person who is a member of a community review panel. | ||
(4) At a sitting or hearing of a review board, each member of the review board shall have a vote and every question shall be determined by a majority of the votes of the members. | ||
(5) A member of the Board shall be disqualified from being appointed to a review panel or a review board. | ||
(6) A person shall not be eligible for appointment to a review panel or a review board and shall cease to be a member of a review panel if he or she is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or of the European Parliament, | ||
(c) regarded, pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to be a member of the European Parliament, or | ||
(d) elected or co-opted as a member of a local authority, | ||
and he or she shall thereupon cease to be a member of any review board to which he or she is appointed. | ||
(7) A review panel member shall be appointed by the Commission for such period not exceeding 5 years and on such other terms and conditions as the Commission may determine when appointing him or her. | ||
(8) A review panel member may resign from his or her position by letter addressed to the Commission and the resignation shall take effect from a date specified therein or upon receipt of the letter by the Commission, whichever is the later. | ||
(9) Each review panel member shall be paid such remuneration, if any, and allowances for expenses incurred by him or her, if any, as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine. | ||
(10) The Commission may at any time remove a person from a review panel if, in the Commission’s opinion— | ||
(a) the person has become incapable through ill-health of performing his or her functions, | ||
(b) the person has committed stated misbehaviour, or | ||
(c) the person’s removal is necessary for the effective and efficient performance of the review panel. | ||
(11) If a review panel member is removed under subsection (10), the Commission shall provide the person with a statement of reasons for the removal. | ||
(12) A review panel member shall be disqualified for appointment to a review board and shall cease to be a review panel member or a member of a review board if he or she— | ||
(a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) is convicted on indictment of an offence, | ||
(e) is convicted of an offence involving fraud or dishonesty, | ||
(f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, | ||
(g) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or | ||
(h) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or another jurisdiction. | ||
(13) A review panel member whose period of membership expires or is due to expire shall be eligible for re-appointment as a member of a review panel but he or she shall be required to re-apply for membership of the panel. | ||
(14) A member of a review board shall be disqualified from taking part in a review under section 31 if he or she is the spouse or relative of the person the subject of the review. | ||
(15) If a person ceases to be a member of a review board in any way other than on the expiry of his or her term or is disqualified from taking part in a review under subsection (14), the Commission shall, as soon as is practicable, appoint another suitably qualified panel member to that review board. |