Mental Health Act 20266
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Regulations concerning restrictive practices on children | ||
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96. (1) The Commission may, with the consent of the Minister, and following consultation with the Minister and Minister for Children, Disability and Equality, make regulations providing for the application of a restrictive practice in respect of a child who is in the care of a registered acute mental health centre. | ||
(2) In particular, but without prejudice to the generality of subsection (1), regulations under subsection (1) may provide for any or all of the following matters: | ||
(a) the application of a restrictive practice in respect of a child (including the application of the practice on a child with dignity and respect); | ||
(b) the principles underpinning the application of a restrictive practice; | ||
(c) the interaction of the application of a restrictive practice and the guiding principles referred to in section 9 (including that the best interests and the welfare of the child shall be the primary consideration) to apply in respect of children; | ||
(d) the procedures governing the application of a restrictive practice (including procedures in respect of the ordering and initiation of a restrictive practice in respect of a child and the persons who should be notified of such ordering and initiation); | ||
(e) the records to be maintained in relation to the application of a restrictive practice in respect of a child; | ||
(f) the monitoring of the application of a restrictive practice on a child; | ||
(g) the procedures for the renewal of the application of a restrictive practice in relation to a child; | ||
(h) the procedures concerning the discontinuation of the application of a restrictive practice on a child (including who may order the discontinuation of such application and under what circumstances); | ||
(i) the facilities to be provided in a registered acute mental health centre for the application of a restrictive practice on a child; | ||
(j) the training and experience of relevant health professionals or specified persons who apply a restrictive practice in relation to a child; | ||
(k) the clinical governance of a restrictive practice, including written policies by a registered acute mental health centre on the application of a restrictive practice on a child; | ||
(l) the use of CCTV or other electronic monitoring in relation to seclusion of a child; | ||
(m) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1). | ||
(3) A person who contravenes a regulation made under this section that is stated to be a penal regulation shall be guilty of an offence and shall be liable on summary conviction to a class A fine. |