{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">(b) the registered proprietor of the registered acute mental health centre concerned, (c) the responsible consultant psychiatrist, and (d) any other person specified by the Circuit Court.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Before making an order under this section, the Circuit Court may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>The Circuit Court shall exclude from the Court during the hearing of an appeal under this section all persons except officers of the Court, persons directly concerned in the hearing, bona fide representatives of the press and such other persons (if any) as the Court may in its discretion permit to remain.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>No matter that is likely to lead members of the public to identify a person who is or has been the subject of proceedings under this section shall be published or broadcast.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Without prejudice to subsection (9), the Circuit Court may, in any case where it is satisfied that it is appropriate to do so in the interests of the involuntarily admitted person the subject of the appeal, by order dispense with the prohibitions of that subsection in relation to him or her to such extent as may be specified in the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>If any matter is published or broadcast in contravention of subsection (10), each of the following persons, namely: (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical; (b) in the case of any other publication, the person who publishes it; (c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper, shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>Nothing in this section shall affect the law as to contempt of court.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(14)</span>In any proceedings under this section a document purporting to be a report prepared pursuant to section 30 concerning an involuntarily admitted person shall be evidence of the matters stated in the document without further proof and shall, unless the contrary is proved, be deemed to be such a report.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(15)</span>The Court shall notify the Commission of the appeal and the outcome of the proceedings.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(16)</span>No appeal shall lie against an order of the Circuit Court under this section other than an appeal on a point of law to the High Court.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(17)</span>In this section— “broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009 ; “publish” means publish, other than by way of broadcast or in an indictment or other document prepared for use in particular legal proceedings, to the public or a portion of the public.</div>\n<p class=\"lf-p\">Transfer of person on application of person 33. (1) Subject to subsection (2), where an involuntarily admitted person applies to the clinical director of a registered acute mental health centre for a transfer to another registered acute mental health centre, the clinical director of the first-mentioned registered acute mental health centre may arrange for the transfer of the person to the second-mentioned registered acute mental health centre, with the consent of the clinical director of that second-mentioned registered acute mental health centre.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Before making a decision on whether to arrange for a transfer of an involuntarily admitted person to another registered acute mental health centre under subsection (1), the clinical director concerned shall consult with the person the subject of the application and the members of staff who are involved with the care and treatment of the involuntarily admitted person at the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The clinical director shall, within 7 days of receiving a request from an involuntarily admitted person for a transfer under subsection (1)— (a) make his or her decision on whether or not to arrange for the transfer, (b) provide a copy in writing of that decision to the involuntarily admitted person who made the application which shall include, where the clinical director declines a request, the reasons for declining the request, and (c) provide a copy of the request and his or her decision to the Commission.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where an involuntarily admitted person is transferred to a registered acute mental health centre under subsection (1), the clinical director of the registered acute mental health centre from which the person has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>An involuntarily admitted person may be detained in a registered acute mental health centre to which he or she has been transferred under subsection (1) until the date of the expiration of the involuntary admission order or any subsequent renewal order, as the case may be, pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The detention of an involuntarily admitted person in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre to which he or she has been transferred.</div>\n<p class=\"lf-p\">Transfer of person by clinical director in certain circumstances 34. (1) Where, in relation to an involuntarily admitted person, the clinical director of a registered acute mental health centre is of the opinion that— (a) it would be for the benefit of the involuntarily admitted person in that registered acute mental health centre to be transferred to another registered acute mental health centre (other than the Central Mental Hospital), or (b) it is necessary for the purpose of obtaining special treatment, the details of which shall be specified in writing, for the person to be transferred to another registered acute mental health centre (other than the Central Mental Hospital), the clinical director of the first-mentioned registered acute mental health centre may arrange for the transfer of the involuntarily admitted person to the other registered acute mental health centre, with the consent of the clinical director of that second mentioned registered acute mental health centre.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where an involuntarily admitted person is transferred to a registered acute mental health centre under subsection (1), the clinical director of the registered acute mental health centre from which the involuntarily admitted person has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>An involuntarily admitted person may be detained in a registered acute mental health centre to which he or she has been transferred under subsection (1)(a) until the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A person who is transferred under subsection (1)(b) to another registered acute mental health centre may be kept there so long as is necessary for the purpose of the specified special treatment and shall then be taken back to the registered acute mental health centre from which he or she was transferred, which may not, in any event, be later than the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The detention of an involuntarily admitted person in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she has been transferred.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>In this section, references to an involuntary admission order include references to a renewal order.</div>\n<p class=\"lf-p\">Transfer of involuntarily admitted person to Central Mental Hospital 35. (1) Where the clinical director of a registered acute mental health centre is of the opinion that— (a) it would be for the benefit of an involuntarily admitted person to be transferred to the Central Mental Hospital, or (b) it is necessary for the purpose of obtaining special treatment, the details of which shall be specified in writing, for the involuntarily admitted person to be transferred to the Central Mental Hospital, he or she shall send a proposal for the transfer of the involuntarily admitted person concerned to that hospital (in this section referred to as a “proposal”) to the Commission.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where the clinical director sends a proposal to the Commission under subsection (1), he or she shall also notify the clinical director of the Central Mental Hospital that a proposal has been sent to the Commission in respect of the person, the subject of the proposal concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A proposal under subsection (1) shall be made in the form and manner specified by the Commission and shall specify the reasons for the proposed transfer of the person concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where the Commission receives a proposal, the Commission shall— (a) refer the proposal to a review board, (b) set the time and date for the review to be heard in accordance with subsection (9), and (c) direct in writing (referred to in this section as a “direction”) an independent consultant psychiatrist from the panel of independent consultant psychiatrists to— (i) examine the person concerned, the subject of the proposal, (ii) interview the responsible consultant psychiatrist and another mental healthcare professional (other than a consultant psychiatrist) who is involved in the care and treatment of the person, and (iii) review the medical records relating to the person, in order to determine whether the transfer of the person, the subject of the proposal, to the Central Mental Hospital should proceed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>In so far as possible, the independent consultant psychiatrist directed under subsection (4) to examine a person, the subject of a proposal, shall be a forensic consultant psychiatrist.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>An independent consultant psychiatrist directed under subsection (4)(c) shall submit a report in the form specified by the Commission on the results of the examination under subparagraph (i), the interviews under subparagraph (ii) and the review under subparagraph (iii) of that subsection to the Commission, and to the review board to which the matter has been referred not less than 3 working days prior to the date of the review board hearing.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The Commission shall provide a copy of the report referred to in subsection (6) to the legal representative of the person concerned as soon as may be prior to the review board hearing.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>If the independent consultant psychiatrist to whom a direction has been given under subsection (4)(c) is unable to fulfil the direction, he or she shall so notify the Commission in writing and the Commission shall give a direction to another member of the panel of independent consultant psychiatrists.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>A review board which has received a proposal under subsection (4) and a report under subsection (6), shall review the proposal and report as soon as may be but not later than 14 days after receipt of the proposal and shall— (a) if it is satisfied that the proposed transfer would be for the benefit of the involuntarily admitted person or that it is necessary for the purpose of obtaining special treatment for the admitted person concerned, authorise the transfer of the admitted person concerned, or (b) if it is not so satisfied, refuse to authorise the transfer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>The provisions of sections 28 , 29 , 30 and 32 , where applicable, shall apply to the referral of a proposal to a review board under this section as they apply to the referral of an involuntary admission order to a review board with any necessary modifications.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Effect shall not be given to a decision to which subsection (9) applies before— (a) the expiration of the time for the bringing of an appeal to the Circuit Court, or (b) if such an appeal is brought, the determination or withdrawal thereof.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>Where an involuntarily admitted person is transferred to the Central Mental Hospital under this section, the clinical director of the registered acute mental health centre from which he or she has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>The detention of an involuntarily admitted person in the Central Mental Hospital under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she has been transferred.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(14)</span>A person’s detention in the Central Mental Hospital may continue until— (a) the expiry of the order detaining the person, or (b) the expiry of any subsequent renewal order where, in advance of the making of the renewal order concerned— (i) the clinical director of the registered acute mental health centre from which the person was transferred approves a further period of detention, and (ii) the clinical director of the Central Mental Hospital has consented in writing to the further detention.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(15)</span>An approval under subparagraph (i) of subsection (14)(b) and a consent under subparagraph (ii) of that subsection shall be valid until the expiry of the order detaining the person and thereafter for each period of a renewal order, if, in respect of each period, the necessary approval and consent is obtained under subsection (14) in respect of the involuntarily admitted person concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(16)</span>A report shall be provided by the clinical director of the Central Mental Hospital to the Commission every 3 months regarding the status of the persons detained in the Central Mental Hospital under this Act and the status of all of the pending applications for transfer under this section to the Central Mental Hospital.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(17)</span>The Commission shall prepare and publish a code of practice in relation to this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(18)</span>In this section, “forensic consultant psychiatrist” means a consultant psychiatrist who has not less than 3 years postgraduate training certified by the College of Psychiatrists of Ireland in forensic psychiatry.</div>\n<p class=\"lf-p\">Transfer to hospital or other place in certain circumstances 36. (1) A clinical director of a registered acute mental health centre may arrange for the transfer of an involuntarily admitted person detained in that centre to a hospital or other place, other than a registered acute mental health centre or a designated centre, for the purposes of receiving treatment and for his or her detention there for that purpose.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A person who is transferred under this section to a hospital or other place under subsection (1) may be kept there so long as is necessary for the purpose of his or her treatment, but no longer than the expiry of the involuntary admission order or any subsequent renewal order pursuant to which he or she is detained, and shall then be taken back to the registered acute mental health centre from which he or she was transferred.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The detention of a person in a hospital or other place under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she was transferred.</div>\n<p class=\"lf-p\">Power to detain voluntarily admitted person who fulfils criteria for involuntary admission 37. (1) Where in respect of a voluntarily admitted person, a responsible consultant psychiatrist or another mental healthcare professional who is responsible for or involved in the care and treatment of the voluntarily admitted person is of the opinion that the voluntarily admitted person fulfils the criteria for involuntary admission, he or she, for the purpose of carrying out the matters in subsections (2) to (7), may— (a) take charge of the person the subject of his or her opinion, and (b) detain him or her for a period not exceeding 24 hours.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The responsible consultant psychiatrist shall carry out an examination of the person concerned under section 21</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>If, following an examination of the voluntarily admitted person, the responsible consultant psychiatrist is of the opinion that the person does not fulfil the criteria for involuntary admission— (a) the process for involuntary admission initiated under subsection (1) shall not proceed further, and (b) the voluntarily admitted person shall be immediately notified of the decision and informed of his or her right to leave the centre or stay as a voluntarily admitted person and a record of the decision shall be recorded in that person’s medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>If, following an examination of the voluntarily admitted person, the responsible consultant psychiatrist is satisfied that the person the subject of the opinion has a mental disorder which fulfils the criteria for involuntary admission, the consultant psychiatrist shall arrange for another consultant psychiatrist who is not on the staff of the registered acute mental health centre and who will not be involved in the care and treatment of the person concerned (in this section referred to as the “second consultant psychiatrist”) to carry out a second examination of the person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>If, following an examination of the voluntarily admitted person and consultation with the responsible consultant psychiatrist, the second consultant psychiatrist— (a) is satisfied that the voluntarily admitted person fulfils the criteria for involuntary admission, he or she shall as soon as may be and in any event not later than 24 hours after the examination concerned, issue a certificate in writing in a form specified by the Commission stating that opinion and the reason for his or her opinion, or (b) is not satisfied that the person fulfils the criteria for involuntary admission, he or she shall, as soon as may be and in any event not later than 24 hours after the examination concerned, issue a certificate in writing in a form specified by the Commission stating that he or she is of the opinion that the voluntarily admitted person does not fulfil the criteria for involuntary admission.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where a certificate is issued under subsection (5)(a), the responsible consultant psychiatrist shall make an order (in this Act referred to as an “involuntary admission order”) in a form specified by the Commission for the reception, detention and care and treatment of the voluntarily admitted person in the registered acute mental health centre and the opinion of the second consultant psychiatrist shall be recorded in the involuntary admission order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Where a certificate is issued under subsection (5)(b)— (a) the process for involuntary admission initiated under subsection (1) shall not proceed further, and (b) the responsible consultant psychiatrist shall inform the voluntarily admitted person that he or she is not being involuntarily admitted and that he or she is free to leave the registered acute mental health centre immediately or stay as a voluntarily admitted person and a record of the decision shall be recorded in his or her medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>All steps taken under this section shall be completed within 24 hours of the time the person is detained under subsection (1).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Sections 21</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>, 22 to 36 , 38 , 39 and 40 shall apply to a person involuntarily admitted under this section as they apply to a person involuntarily admitted under section 21 with any necessary modifications.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>The Commission shall be notified in a form specified by the Commission of the decision to detain or the decision not to detain in accordance with this section.</div>\n<p class=\"lf-p\">Absence with leave 38. (1) A responsible consultant psychiatrist may, in respect of an involuntarily admitted person and subject to subsection (2), grant permission in writing (in this Act referred to as a “permitted absence”) to the person to be absent from the registered acute mental health centre concerned subject to such conditions as the responsible consultant psychiatrist considers appropriate and so specifies in writing.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A permitted absence given to a person shall not exceed 14 continuous days and shall not exceed the unexpired period of an involuntary admission order or renewal order, as the case may be, in respect of the involuntarily admitted person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a person is absent from a registered acute mental health centre pursuant to subsection (1), the responsible consultant psychiatrist may, if he or she is of the opinion that it is clinically appropriate to do so, withdraw the permission granted under subsection (1) and direct the person in writing to return to the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The responsible consultant psychiatrist may extend in writing the period of permitted absence by such further periods not exceeding 14 continuous days, and for so long a period as does not exceed the unexpired period of the involuntary admission order or renewal order, as the case may be, in respect of the person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Any notice of an extension of absence given under subsection (4) shall be notified to the Commission within 24 hours of the making of the notice in a form specified by the Commission.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The Commission shall prepare and publish a code of practice in relation to this section.</div>\n<p class=\"lf-p\">Absence without leave 39. (1) Where an involuntarily admitted person in respect of whom an involuntary admission order or a renewal order is in force— (a) leaves a registered acute mental health centre otherwise than by way of a permitted absence, (b) fails to return to the registered acute mental health centre in accordance with any direction given to him or her under section 38 or on the expiration of the permitted absence, or (c) fails, in the opinion of the responsible consultant psychiatrist, to comply with any condition specified in the permitted absence, the clinical director of the registered acute mental health centre concerned shall arrange for a member or members of the staff of the centre or other person or persons, duly authorised in that behalf under section 19 , to bring the person back to the registered acute mental health centre.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a member of staff or another person duly authorised in that behalf under section 19 , as the case may be, is unable to bring the admitted person back to the registered acute mental health centre, the clinical director or a consultant psychiatrist acting on his or her behalf shall, if necessary, request An Garda Síochána to assist in bringing the person back to that registered acute mental health centre and where An Garda Síochána receives a request in that regard, An Garda Síochána shall comply with such a request as soon as practicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A member of An Garda Síochána may for the purposes of this section— (a) enter if needs be by force any dwelling or other premises or any place if he or she has reasonable cause to believe that the person concerned is to be found there, and (b) take all reasonable measures to bring the involuntarily admitted person back to the registered acute mental health centre including, where necessary, the detention or restraint of the person concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The clinical director of a registered acute mental health centre shall notify the Commission of all absences referred to in subsection (1) in a form specified by the Commission within 24 hours of the absence occurring.</div>\n<p class=\"lf-p\">Discharge of admitted persons 40. (1) Where the responsible consultant psychiatrist becomes of the opinion that a person no longer fulfils the criteria for involuntary admission, he or she shall by order, in a form specified by the Commission, revoke the relevant involuntary admission order or renewal order, as the case may be, in respect of the person and inform the person in writing of that opinion and the effect of the revocation of the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Notwithstanding the revocation of an order in respect of a person under subsection (1), the person may, if he or she wishes, with the agreement of his or her responsible consultant psychiatrist, remain in the registered acute mental health centre as a voluntarily admitted person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>When an order is revoked under subsection (1), the responsible consultant psychiatrist shall immediately meet with the person concerned to provide him or her with all relevant information from the person’s individual care plan, which shall include information regarding— (a) the fact that the person may, with the agreement of his or her responsible consultant psychiatrist, remain in the registered acute mental health centre as a voluntarily admitted person, (b) what will occur if the person decides to stay in the registered acute mental health centre as a voluntarily admitted person, and (c) what will occur if the person decides to leave the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The person concerned may, at his or her request, be accompanied by a nominated person at any meeting held under subsection (3).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The decision to remain as a voluntarily admitted person in the registered acute mental health centre, with the agreement of the person’s responsible consultant psychiatrist, or to leave the registered acute mental health centre shall be a decision of the person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The decision of the person, the subject of the revocation order, shall be recorded in that person’s medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Where a consultant psychiatrist revokes an order under subsection (1), the consultant psychiatrist shall give to the person concerned and his or her legal representative (if any) a notice in a form specified by the Commission to the effect that he or she— (a) is no longer involuntarily admitted, (b) is free to leave the registered acute mental health centre, or with the agreement of his or her responsible consultant psychiatrist, stay as a voluntarily admitted person, and (c) subject to subsections (9) to (12) and (14), is entitled to have his or her involuntary admission reviewed by a review board in accordance with the provisions of section 31 or, where such review has commenced, completed in accordance with that section if he or she so requests by notice in writing addressed to the Commission within 14 days of the date of his or her discharge.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where a responsible consultant psychiatrist revokes an order under subsection (1), he or she shall cause copies of the order made under that subsection and the notice referred to in subsection (7) to be given to the Commission and, subject to the consent of the previously admitted person, any other party.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Subject to subsection (10), where an order is revoked under subsection (1) in respect of a person and the order has been referred to a review board under section 30 but the time and date has not been scheduled for the hearing of the review of the detention by the review board or the hearing has not commenced, the hearing by the review board shall not commence unless the person the subject of the order or his or her legal representative requests by notice in writing addressed to the Commission, as soon as practicable, but no later than 14 days after the date of the revocation of the order, that the review be completed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>Where an order is revoked under subsection (1) and the revocation takes place within 48 hours before the time and date scheduled for the hearing of the review of the detention by the review board, the review shall continue at the time and date scheduled if the person or his or her legal representative submits a request in writing to the Commission to confirm that he or she wishes the hearing to proceed on that date.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Where no request for the hearing to proceed is received under subsection (10), the review shall be discontinued.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>Where a person or his or her legal representative requests under subsection (9) that a review be completed, that review shall take place within 21 days of the date the request is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>Where a person who is the subject of an order revoking his or her involuntary admission requests that a review be completed or held, as the case may be, under subsection (9), the provisions of sections 30 , 31 and 32 shall apply in relation to the review with any necessary modifications.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(14)</span>Notwithstanding section 31</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>, in the case of an involuntary admission order or renewal order, where a person requests that a review be completed or held, as the case may be, under subsection (9) or (10), the review board shall review the detention of the person concerned and shall determine whether— (a) (i) the provisions of sections 8 , 11 to 25 and 37 , where applicable, were complied with, or (ii) if there was a failure to comply with any such provision, if the failure affected the substance of the order and caused an injustice, and (b) the consultant psychiatrist who made the involuntary admission order or renewal order did so on the date the order was made on the basis that the person fulfilled the criteria for involuntary admission at the time of the making of the involuntary admission order or renewal order, as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(15)</span>Where a person is going to be discharged or has been discharged under subsection (1), a member of the person’s multidisciplinary team shall engage with the person concerned and, in so far as is practicable and where appropriate, liaise with any nominated person for the purposes of planning the discharge of the person who is being discharged.</div>\n<p class=\"lf-p\">Provision of information for persons admitted as voluntarily admitted person to registered acute mental health centre 41. (1) The responsible consultant psychiatrist of a voluntarily admitted person shall, as soon as is practicable after the person is admitted to the registered acute mental health centre, give or cause to be given to the person a notice in writing of the admission, which notice shall include a statement in writing to the effect that the person— (a) will be given a general description of the proposed care and treatment to be administered to him or her during the period of voluntary admission, (b) is entitled to receive information on any aspect of his or her proposed care and treatment at any time during the period of admission, (c) will be provided with an explanatory note on the guiding principles in relation to all decisions regarding his or her care and treatment, (d) is entitled to consent to or refuse treatment during the period of voluntary admission, (e) is informed of the complaints procedure for the registered acute mental health centre and of his or her entitlement to bring a complaint under that procedure, (f) is informed of any relevant advocacy services, (g) is entitled to communicate with the Chief Inspector, (h) is entitled to discuss discharge planning with a member of his or her multidisciplinary team, (i) is entitled to have a nominated person under section 192 accompany him or her to meetings and to consult with on decisions regarding the proposed care and treatment to be administered during the period of admission, and (j) subject to section 37 , is informed that he or she may leave the registered acute mental health centre at any time.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A nominated person shall be entitled to— (a) receive a copy of the notice provided under subsection (1), (b) receive any information subsequently provided under paragraph (a), (b) or (c) of that subsection, and (c) accompany the voluntarily admitted person to meetings and consult with him or her on decisions regarding the proposed care and treatment to be administered during the period of admission.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A notice provided under subsection (1) and any information subsequently provided under paragraph (a), (b) or (c) of that subsection shall be in a form and language that the person in receipt of the information can understand.</div>\n<h3 class=\"lf-part\">Chapter 3</h3>\n<p class=\"lf-p\">Consent to treatment Definitions (consent to treatment) 42. In this Chapter— “initial treatment period” means the period specified in section 47</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>; “further treatment period” means the period specified in section 47</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>.</div>\n<p class=\"lf-p\">Consent to treatment to be obtained prior to treatment 43. A mental healthcare professional shall, before treating an involuntarily admitted person, obtain consent for the treatment concerned from the involuntarily admitted person, unless otherwise expressly provided for in this Act.</p>\n<p class=\"lf-p\">Person’s consent to treatment 44. (1) Consent, in relation to an involuntarily admitted person, means consent of the person obtained freely without threats or inducements where— (a) adequate information in a form and language that the person can understand on the nature, purpose and likely effects of the treatment concerned has been given to the person, and (b) he or she has capacity to give the consent concerned.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Subject to sections 47 , 49 and 50 , a person may, at any time do either or both of the following: (a) refuse any treatment proposed to him or her; (b) withdraw his or her consent to any treatment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>It shall be presumed that every person has capacity to give his or her consent to, or to refuse, treatment unless the contrary is shown in accordance with the Act of 2015 or the provisions of this Part.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where an involuntarily admitted person is making a decision in relation to his or her treatment under this Act, he or she may consult with a nominated person or any other person of his or her choosing.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Each consent to or refusal of treatment under this Chapter shall be made in relation to the specific treatment proposed and a person shall not make a decision that has the effect (whether intentional or otherwise) of providing general consent to or, as the case may be, general refusal to consent to all forms of treatment without considering each specific treatment proposed.</div>\n<p class=\"lf-p\">Capacity assessment 45. (1) Where a responsible consultant psychiatrist reasonably considers that an involuntarily admitted person may lack capacity to consent to or refuse treatment, then he or she shall, as soon as practicable, carry out a capacity assessment or arrange for another mental healthcare professional who is involved in the care and treatment of the person concerned to carry out the capacity assessment.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, following the completion of a capacity assessment of an involuntarily admitted person, the responsible consultant psychiatrist, or other mental healthcare professional, concludes that the person, the subject of the assessment, lacks capacity to consent to or refuse treatment, the responsible consultant psychiatrist shall arrange for a second capacity assessment of the person to be carried out by another consultant psychiatrist or other mental healthcare professional.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A second capacity assessment shall not be carried out by a person who is involved in the care and treatment of the person concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where, following the completion of a capacity assessment and second capacity assessment, both the responsible consultant psychiatrist or other mental healthcare professional who carried out the assessments concerned conclude that the person, the subject of the assessment, lacks capacity to consent to or refuse a proposed treatment, then that person shall be assessed as lacking capacity to give consent to the proposed treatment and the provisions of sections 46 to 51 shall apply accordingly.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where, following the completion of a capacity assessment under subsection (1), or a second capacity assessment, the mental healthcare professional concerned finds that the person, the subject of the assessment, does not lack capacity, then that person shall be assessed as having capacity to consent to or refuse the proposed treatment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A capacity assessment and, where applicable, a second capacity assessment shall be— (a) arranged for and carried out as soon as practicable, and (b) carried out regularly, with the frequency of review based on the individual needs of the person concerned, and in any event not less than once every 14 days, to assess whether the person continues to lack the necessary capacity to consent to or refuse treatment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>A capacity assessment and a second capacity assessment of a person and the findings thereof shall be retained and recorded in the person’s medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>An involuntarily admitted person, and his or her nominated person, if any, shall be entitled to be furnished with copies of the capacity assessments on request.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>A spouse or relative of a person shall be disqualified from carrying out a capacity assessment in respect of that person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>The Commission shall prepare and publish a code of practice in relation to capacity assessments.</div>\n<p class=\"lf-p\">Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3 46. (1) Where, prior to his or her involuntary admission or following an application under section 48 , an involuntarily admitted person is declared under Part 5 of the Act of 2015 to lack capacity to consent to or refuse a proposed treatment, the treatment may be administered to him or her if— (a) in a case where there is a decision-making representative duly authorised by the Circuit Court to make decisions relevant to the person’s mental healthcare and treatment, the decision-making representative concerned consents to the treatment proposed in accordance with the Act of 2015, and (b) in a case where the Circuit Court has made a decision-making order under section 38 of the Act of 2015, the order of the Court provides for consent to the specific treatment proposed.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where an involuntarily admitted person has been assessed to lack capacity to give consent to or refuse treatment under section 45 and there is a valid advance healthcare directive in place in respect of the person, which is relevant to the specific treatment proposed, the treatment may be administered to him or her if a provision of the directive, or a designated healthcare representative duly authorised under the directive, provides for consent to the specific treatment proposed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A decision-making representative or a designated healthcare representative duly authorised to represent an involuntarily admitted person in respect of that person’s mental healthcare and treatment shall perform his or her functions in accordance with the Act of 2015.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where an involuntarily admitted person has been assessed to lack capacity to give consent to or refuse treatment under section 45 and subsections (1) and (2) do not apply, treatment may be administered to him or her in accordance with section 47 , 49 or 50 , as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where treatment is administered to an involuntarily admitted person without consent under this Chapter, the absence of consent and details of the treatment or treatments shall be noted in the medical records of the person.</div>\n<p class=\"lf-p\">Administration of treatment following admission 47. (1) Subject to subsections (2) to (6) and (9), where, following the making of an involuntary admission order— (a) a person is assessed under section 45 as lacking capacity to consent to or refuse treatment, or (b) a capacity assessment or a second capacity assessment is being carried out under section 45 , but that assessment has not been completed, treatment may be administered to the person concerned for a period not exceeding 21 days from the date of making of the involuntary admission order (in this Chapter referred to as the “initial treatment period”).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Treatment may be administered to a person under subsection (1) where— (a) such treatment is immediately necessary for the protection of life of the person or that of another person, (b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or (c) the person has a mental disorder, the nature and degree of which is such that— (i) he or she requires treatment immediately, (ii) the treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre, and (iii) the treatment of the person concerned would be likely to materially benefit the condition of that person, and there is no alternative safe and effective treatment available.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where treatment is being administered to a person under subsection (1)(b)— (a) a capacity assessment and a second capacity assessment shall be completed no later than 72 hours after the initiation of treatment, and (b) the administration of treatment under that subsection shall be discontinued immediately where the person is assessed as not lacking capacity to consent to or refuse treatment after either the capacity assessment or the second capacity assessment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A responsible consultant psychiatrist may extend an initial treatment period for a further period not exceeding 21 days (in this Chapter referred to as a “further treatment period”), commencing on the date of the expiration of the initial treatment period, if— (a) he or she is of the opinion that the criteria in subsection (2) continue to apply in respect of the involuntarily admitted person, and (b) in advance of the expiration of the initial treatment period, another consultant psychiatrist who is not involved in the care or treatment of the involuntarily admitted person confirms, in a form and manner specified by the Commission, that he or she is also of the opinion that the criteria in subsection (2) continue to apply in respect of that person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where there is— (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to an involuntarily admitted person’s mental healthcare and treatment, or (b) a valid advance healthcare directive in respect of an involuntarily admitted person which is relevant to the specific treatment, treatment under this section may only be administered to that person in accordance with section 46</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>or (2), as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Treatment may be administered to an involuntarily admitted person under subsection (1) or (4) until such time, whichever is the sooner, as any of the following occurs, upon which any initial treatment period or, where extended under subsection (4), the further treatment period shall cease: (a) the person is assessed to have capacity to consent to or refuse treatment under section 45 ; (b) an application is made to the Circuit Court under section 48 ; (c) the person is discharged as an involuntarily admitted person; (d) the responsible consultant psychiatrist discontinues the treatment; (e) the expiry of the initial treatment period or, where extended under subsection (4), the further treatment period.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Where section 48 applies in respect of an involuntarily admitted person and that person is receiving treatment under subsection (1) or (4), the application referred to in section 48 shall be made by the registered proprietor before the expiry of the initial treatment period or, where extended under subsection (4), the further treatment period, as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where a responsible consultant psychiatrist proposes to administer treatment to a person beyond the initial treatment period or, where extended under subsection (4), the further treatment period, such treatment may only be administered in accordance with section 43 , 44 , 46 , 49 or 50 , as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>A reference to treatment administered under subsection (1) shall not include treatment administered under section 51 .</div>\n<p class=\"lf-p\">Application to Circuit Court in certain circumstances 48. (1) Where an involuntarily admitted person has been assessed as lacking capacity to consent to or refuse a proposed treatment under section 45 and there is not— (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to the person’s mental healthcare and treatment, (b) a valid advance healthcare directive in respect of the person which is relevant to the specific treatment proposed, or (c) a decision-making order made by the Circuit Court under section 38 of the Act of 2015 which is relevant to the specific treatment proposed, an application shall be made by or on behalf of the registered proprietor to the Circuit Court under Part 5 of the Act of 2015 as soon as practicable and prior to any treatment, other than treatment provided under section 47 , 49 or 50 , being provided to the involuntarily admitted person.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application to the Circuit Court made under subsection (1) shall be withdrawn by the registered proprietor where— (a) the person the subject of the application is discharged as an involuntarily admitted person, or (b) the person the subject of the application is assessed under section 45 to have capacity to consent to or refuse treatment.</div>\n<p class=\"lf-p\">Treatment without consent pending Circuit Court determination 49. (1) Without prejudice to the generality of section 44 , treatment specified in subsection (2) may be given to an involuntarily admitted person where— (a) an application has been made to the Circuit Court in relation to the involuntarily admitted person under section 48 but no determination has yet been made in relation to the application, or (b) outside of the initial treatment period or, where extended under section 47</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>, the further treatment period, a capacity assessment or a second capacity assessment is being carried out under section 45 but an application to the Circuit Court under section 48 has not yet been made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Treatment may be administered to a person under subsection (1) where there is no alternative safe and effective treatment available and— (a) such treatment is immediately necessary for the protection of life of the person or that of another person, (b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or (c) the person has a mental disorder, the nature and degree of which is such that— (i) he or she requires treatment immediately, (ii) the treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre, and (iii) the treatment of the person concerned would be likely to materially benefit the condition of that person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where treatment is being administered to a person under subsection (1)(b)— (a) a capacity assessment and a second capacity assessment shall be completed no later than 72 hours after the initiation of treatment, and (b) the administration of treatment under that subsection shall be discontinued immediately where the person is assessed as not lacking capacity to consent to or refuse treatment after either the capacity assessment or the second capacity assessment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A reference to treatment administered under subsection (1) shall not include treatment administered under section 51 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Subject to subsection (6), the continued administration of treatment to an involuntarily admitted person under this section shall be— (a) reviewed every 3 months by a consultant psychiatrist who is not involved in the care and treatment of the involuntarily admitted person concerned, and (b) where that consultant psychiatrist is of the opinion that the criteria in subsection (2) continue to apply, approved in a form and manner specified by the Commission.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Treatment may be administered to an involuntarily admitted person under this section until such time, whichever is sooner, as any of the following occurs: (a) the Circuit Court makes a determination under Part 5 of the Act of 2015 in relation to an application under section 48 ; (b) the person is discharged as an involuntarily admitted person; (c) the responsible consultant psychiatrist discontinues the treatment; (d) the person is assessed to have capacity to consent to or refuse treatment under section 45 .</div>\n<p class=\"lf-p\">Application to High Court for treatment order in certain circumstances 50. (1) Where treatment cannot be administered to an involuntarily admitted person because the person— (a) has capacity to make decisions about his or her treatment but refuses to consent to the treatment concerned, or (b) has a relevant decision-making representative, or has a valid and relevant advance healthcare directive or a relevant designated healthcare representative appointed under an advance healthcare directive relevant to the treatment concerned and that representative refuses to consent to the treatment concerned or the advance healthcare directive specifies that there is not consent to the treatment concerned, an application may be made by or on behalf of the registered proprietor of the registered acute mental health centre concerned to the High Court specifying the proposed treatment and seeking an order to administer the treatment concerned to the person (in this section referred to as a “treatment order”) where all of the following apply, namely: (i) the treatment concerned is immediately necessary for the protection of life of another person or persons, or necessary for protection from an immediate and serious threat to the health of another person or persons; (ii) the involuntarily admitted person requires the treatment concerned immediately; (iii) there is no alternative safe and effective treatment available; (iv) it is likely that the condition of the involuntarily admitted person will benefit from such treatment.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A refusal to consent to the treatment referred to in subsection (1) may be withdrawn at any time, and any application made to the High Court under that subsection may be withdrawn, where— (a) the person has capacity and decides to withdraw his or her refusal and to now consent to the treatment, (b) the decision-making representative withdraws his or her refusal to consent to the treatment and now consents to the treatment, or (c) the relevant designated healthcare representative appointed under a valid and relevant advance healthcare directive has authority within the appointing directive to do so, and determines that it is now the will and preference of the person that the refusal be withdrawn and treatment be consented to.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application for a treatment order is before the High Court, the Court may, pending its determination on the application, of its own motion or on the application of any person, give such interim directions as it sees fit as to the care and treatment of the person who is the subject of the application but any such direction shall cease to have effect immediately on the determination by the Court of the application before it.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>An application may be made by or on behalf of the registered proprietor of the registered acute mental health centre concerned to the High Court to renew a treatment order made under this section, subject to any directions of the Court, where the involuntarily admitted person the subject of the treatment order continues to satisfy the criteria in subsection (1).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A treatment order shall, subject to any directions of the High Court, have effect for a period not exceeding 3 months.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>An application to the High Court made under subsection (1) or (4) shall be deemed to be withdrawn where the involuntarily admitted person concerned is no longer subject to an involuntary admission order or renewal order under this Act.</div>\n<p class=\"lf-p\">Electro-convulsive therapy 51. (1) Subject to subsection (2), electro-convulsive therapy shall not be administered to a person unless he or she gives consent in writing to the administration of the therapy.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where the person has been found under section 45 to lack the necessary capacity to give consent to a proposed treatment of electro-convulsive therapy, then the provisions of section 46 shall apply.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Commission shall, with the consent of the Minister, following consultation with the Minister and the Minister for Justice, Home Affairs and Migration, make regulations providing for the use of electro-convulsive therapy in a registered acute mental health centre or a designated centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>In particular, but without prejudice to the generality of subsection (3), regulations under subsection (3) may provide for any or all of the following matters: (a) the administration of electro-convulsive therapy, including using the therapy with dignity and respect for the person; (b) assessment of persons prior to the administration of electro-convulsive therapy; (c) the interaction of the administration of electro-convulsive therapy and the guiding principles; (d) the records to be maintained in relation to the administering of electro-convulsive therapy to a person; (e) facilities and staff to be provided in a registered acute mental health centre or designated centre for the use of electro-convulsive therapy; (f) the training and experience of relevant health professionals or specified persons who are administering electro-convulsive therapy; (g) clinical governance of the use of electro-convulsive therapy, including written policies by a registered acute mental health centre or designated centre on the use of electro-convulsive therapy; (h) communication with a nominated person regarding the use of electro-convulsive therapy; (i) any other matters which are necessary or expedient for the purposes of giving effect to subsection (3).</div>\n<h3 class=\"lf-part\">Chapter 4</h3>\n<p class=\"lf-p\">Restrictive practices Interpretation (restrictive practices) 52. (1) Where a specified person applies a restrictive practice in respect of a voluntarily admitted person, the admission status of the voluntarily admitted person shall be reviewed pursuant to section 37 as soon as possible after such application, but no later than 24 hours after the initiation of the application concerned.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A restrictive practice may only be applied in respect of a person who is in the care of— (a) a registered acute mental health centre, (b) the Central Mental Hospital, or (c) another designated centre (other than the Central Mental Hospital).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A person who contravenes a regulation made under section 58 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.</div>\n<p class=\"lf-p\">Seclusion 53. A person shall not be placed in seclusion in a registered acute mental health centre or designated centre unless— (a) the seclusion is ordered and initiated by a relevant health professional, (b) the seclusion is applied in respect of the person by a relevant health professional or a specified person under the direct supervision of a relevant health professional, (c) the application of such seclusion is determined by the relevant health professional, in accordance with regulations made under section 58 , to be necessary where there is an immediate threat of serious harm to the person or to another person, and such seclusion is to prevent such a threat, and (d) the seclusion concerned complies with regulations under section 58 .</p>\n<p class=\"lf-p\">Mechanical restraint 54. A mechanical restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless— (a) the restraint is ordered and initiated by a consultant psychiatrist only, (b) the restraint is applied in respect of the person by a relevant health professional or a specified person under the direct supervision of a relevant health professional, (c) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 58 , to be necessary where there is an immediate threat of serious harm to the person or to another person, or where it is necessary for the administering of treatment to the person concerned, and (d) the mechanical restraint concerned complies with regulations under section 58 .</p>\n<p class=\"lf-p\">Physical restraint 55. A physical restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless— (a) the restraint is ordered and initiated by a relevant health professional, (b) the restraint is applied to the person by a relevant health professional or a specified person under the direct supervision of a relevant health professional, (c) the application of such restraint is determined by the relevant health professional, in accordance with regulations made under section 58 , to be necessary where there is an immediate threat of serious harm to the person or to another person, or where it is necessary for the administering of treatment to the person concerned, and (d) the physical restraint concerned complies with regulations under section 58 .</p>\n<p class=\"lf-p\">Pharmacological restraint 56. A pharmacological restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless— (a) the restraint is ordered by a consultant psychiatrist only, (b) the restraint is initiated by a relevant health professional, (c) the restraint is applied in respect of the person by a relevant health professional, (d) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 58 , to be necessary where there is an immediate threat of serious harm to the person or to another person, and (e) the pharmacological restraint concerned complies with regulations under section 58 .</p>\n<p class=\"lf-p\">Application and recording of restrictive practices 57. (1) A restrictive practice may only be applied in respect of a person— (a) in rare and exceptional circumstances, (b) where there is no safe alternative for the person, (c) where it is the least restrictive practice possible in the circumstances, (d) where the application is proportionate to the immediate threat of serious harm to the person or to another person that has been assessed by the person who orders and initiates the practice to exist, and (e) for the shortest duration possible.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a restrictive practice is applied in respect of a person, the consultant psychiatrist or relevant health professional who ordered, initiated or applied the restrictive practice concerned shall communicate to the person in a manner in which that person is reasonably expected to understand— (a) the reasons why the restrictive practice is being applied, (b) the expected duration of the application, and (c) the circumstances which, in the opinion of the consultant psychiatrist or relevant health professional, will lead to the discontinuation of the application of the restrictive practice.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The consultant psychiatrist or the relevant health professional who orders, initiates or applies a restrictive practice in respect of a person shall have due regard to— (a) the will and preferences of the person regarding the application of the restrictive practice, and (b) the view of any nominated person in relation to such will and preferences, and such will and preferences and views shall be recorded in writing in the person’s medical record and care plan.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A registered proprietor of a registered acute mental health centre or designated centre shall— (a) cause to be maintained in writing a record, in such form and manner as may be specified by the Commission, which shall include such information as may be specified by the Commission in respect of the application of a restrictive practice in respect of a person in that registered acute mental health centre or designated centre, (b) cause to be maintained in writing a record of a communication under subsection (2), and (c) retain a copy of each of the records referred to in paragraphs (a) and (b) with the person’s medical records for such period as may be specified in regulations made by the Commission under section 58 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A copy of the record under paragraph (a) or (b) of subsection (4) shall be made available, when so requested, for inspection by— (a) the Chief Inspector or an Assistant Inspector, or (b) another staff member of the Commission, authorised by the Chief Inspector, where the information contained in the record is required for the proper performance by the Chief Inspector or the Assistant Inspector of his or her duties.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A registered proprietor of a registered acute mental health centre or designated centre shall ensure that the Commission is notified, in the form and manner specified by the Commission and within the period specified by the Commission, of each application of a restrictive practice in respect of a person in that registered acute mental health centre or designated centre concerned.</div>\n<p class=\"lf-p\">Regulations concerning restrictive practices 58. (1) The Commission may, with the consent of the Minister, and following consultation with the Minister and the Minister for Justice, Home Affairs and Migration, make regulations providing for the application of restrictive practices in respect of persons who are in the care of a registered acute mental health centre or designated centre.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>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 person (including the application of the practice with dignity and respect for the person); (b) the principles underpinning the application of a restrictive practice; (c) the interaction of the application of a restrictive practice and the guiding principles; (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 person 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 person; (f) the monitoring of the application of a restrictive practice; (g) the procedures for the renewal of the application of a restrictive practice in relation to a person; (h) the procedures concerning the discontinuation of the application of a restrictive practice (including who may order the discontinuation of such application and under what circumstances); (i) the facilities and staff to be provided in a registered acute mental health centre or designated centre for the application of a restrictive practice; (j) the training and experience of relevant health professionals or specified persons who apply restrictive practices in relation to a person; (k) the clinical governance of a restrictive practice, including written policies by a registered acute mental health centre or designated centre on the application of a restrictive practice; (l) the use of CCTV or other electronic monitoring in relation to seclusion; (m) communication with any nominated person regarding the application of a restrictive practice, including how the views of such persons or the person upon whom the practice is administered are considered; (n) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1).</div>\n<h3 class=\"lf-part\">PART 4</h3>\n<p class=\"lf-p\">Children</p>\n<h3 class=\"lf-part\">Chapter 1</h3>\n<p class=\"lf-p\">General Treatment of child who is not the subject of care order 59. For the avoidance of doubt, in this Part, a child that is the subject of an emergency care order, an interim care order, a supervision order or a voluntary care arrangement shall be treated the same as a child who is not the subject of a care order, unless otherwise provided.</p>\n<p class=\"lf-p\">Application of Act of 1991 60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The modifications referred to in subsection (1) are as follows: (a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part; (b) references in sections 29, 35F and 35G of the Act of 1991 to the Agency shall be construed as references to— (i) where the child is the subject of a care order, the Executive and the Agency, and (ii) in all other instances, the Executive; (c) references in section 34 of the Act of 1991 to an order made under Part III or Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively; (d) references in section 35 of the Act of 1991 to an order made under Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively; (e) in section 35B of the Act of 1991— (i) references in subsection (2) of that section to proceedings under Part IVA and to the Family High Court shall be construed as references to proceedings under section 66 and to the Family District Court or District Court respectively, and (ii) references in subsection (3) of that section to proceedings under Part IV, IVB or VI and to the Family District Court or the Family Circuit Court shall be construed as references to proceedings under section 62</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>and 64</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>and to the Family District Court or District Court respectively; (f) in section 35D of the Act of 1991— (i) the reference in subsection (1) of that section to proceedings under Part IVA of that Act shall be construed as a reference to proceedings under section 66 , and (ii) the reference in subsection (2) of that section to proceedings under Part IV, IVB or VI of that Act shall be construed as a reference to an application under section 62</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>or 64</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>; (g) in section 35H of the Act of 1991— (i) references in subsection (1) of that section to a special care order and in subsection (6) of that section to a subsequent care order shall be construed as references to an involuntary admission order made under section 66 and a renewal order made under section 67 respectively, and references in subsection (1) or (6) of that section to the Family High Court shall be construed as references to the Family District Court or the District Court, and (ii) references in subsection (2) of that section to the Family District Court or the Family Circuit Court and an application under section 18(1) of that Act for a care order shall be construed as references to the Family District Court or District Court and an application under section 62</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>or section 64</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>respectively; (h) references in section 35K of the Act of 1991 to “the Minister” shall be construed as references to the Minister and the Minister for Children, Disability and Equality; (i) references in section 37 of the Act of 1991 to an order under Part III or IV of that Act shall be construed as references to an involuntary admission order made under section 66 ; (j) any other necessary modifications.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>References in sections 18(3) and 43A of the Act of 1991 to a person having authority to consent to psychiatric examination, treatment or assessment shall, in respect of admission, detention, care and treatment under this Part, be subject to the provisions of this Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>References in sections 13(7) and 19(4) of the Act of 1991 to psychiatric examination, treatment or assessment do not include references to treatment under this Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where a child is the subject of a special care order (within the meaning of the Act of 1991) or an interim special care order (within the meaning of the Act of 1991), he or she may be admitted to a registered acute mental health centre and treated under this Act as if he or she was the subject of a care order, with the modification that references to an application to— (a) the District Court or the Family District Court under section 62</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>, 64</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>, 66 , 67 , 70 , 71 or 80 , (b) the Family Circuit Court under section 69 , or (c) the Family High Court under section 87 , shall be construed as references to an application to the High Court or Family High Court under section 23NF(1) of the Act of 1991 to authorise the release of the child from the special care unit for the provision of psychiatric examination, treatment or assessment and with any other necessary modifications.</div>\n<h3 class=\"lf-part\">Chapter 2</h3>\n<p class=\"lf-p\">Admission of children Assessment of capacity of child aged 16 years or older to consent to admission, care and treatment 61. (1) Where, in respect of a child aged 16 years or older— (a) a consultant psychiatrist or another mental healthcare professional, and (b) the child’s parents or guardian or the Agency, reasonably consider that the child may lack the capacity necessary to consent to or refuse his or her admission or care and treatment under this Part, the responsible consultant psychiatrist shall carry out a capacity assessment of the child or arrange for another mental healthcare professional to carry out a capacity assessment to assess if the child has the necessary capacity to make the decision concerned (in this Act referred to as a “capacity assessment”).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, following the completion of a capacity assessment of a child aged 16 years or older under subsection (1), the responsible consultant psychiatrist or other mental healthcare professional concludes that the child lacks the capacity necessary to consent to or refuse his or her admission or care and treatment, the responsible consultant psychiatrist shall arrange for a second capacity assessment of the child to be carried out by another consultant psychiatrist or another mental healthcare professional.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The second capacity assessment shall not be carried out by a person who is or will be involved in the care and treatment of the child concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where, following the completion of a capacity assessment under subsection (1) and a second capacity assessment under subsection (2), both mental healthcare professionals who carried out the capacity assessments conclude that the child, the subject of the assessment, lacks the capacity necessary to consent to or refuse his or her admission or care and treatment under this Part, then the child shall be assessed as lacking capacity in that respect.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A capacity assessment and, where applicable, a second capacity assessment shall be— (a) arranged for and carried out as soon as practicable, and (b) carried out regularly, with the frequency of review based on the individual needs of the child concerned, and in any event not less than once every 14 days, to assess whether the child continues to lack the necessary capacity to consent to or refuse treatment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where, following the completion of a capacity assessment under subsection (1) or a second capacity assessment under subsection (2), the mental healthcare professional concerned concludes that the child, the subject of the assessment, does not lack the capacity necessary to consent to or refuse his or her admission or care and treatment under this Part, then that child shall be assessed as having capacity in that respect.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>A capacity assessment carried out under subsection (1) or (2) and the findings thereof shall be retained and recorded in the child’s medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where a child aged 16 years or older is making a decision regarding his or her admission or care and treatment under this Part, he or she may consult with— (a) his or her relevant consulted carers, or (b) his or her nominated person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>The child and the persons referred to in paragraphs (a) and (b) of subsection (8) shall be entitled to be furnished with copies of a capacity assessment in respect of the child on request.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>A relative of a child shall be disqualified from carrying out a capacity assessment in respect of the child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>The Commission shall prepare and publish a code of practice in relation to capacity assessments under this section.</div>\n<p class=\"lf-p\">Voluntary admission of child under 16 years of age 62. (1) Subject to subsection (2), a child under 16 years of age shall not be admitted as a voluntarily admitted child to a registered acute mental health centre without the consent of his or her parents, or either of them, or guardian.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a child referred to in subsection (1) is the subject of a care order, the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subject to subsection (5) and section 71 , a voluntarily admitted child under 16 years of age may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under subsection (4).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where a child under 16 years of age admitted to a registered acute mental health centre under this section may continue to require care and treatment in the registered acute mental health centre after attaining the age of 16, his or her responsible consultant psychiatrist shall, in consultation with the child, his or her parents or guardian or the Agency and the Executive, as appropriate, arrange for the child to be admitted under section 63 , 64 or 66 or discharged under this section, as the case may be, immediately upon the child attaining the age of 16.</div>\n<p class=\"lf-p\">Voluntary admission of child aged 16 years or older 63. (1) A child aged 16 years or older shall not be admitted as a voluntarily admitted child to a registered acute mental health centre without his or her consent.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a child aged 16 years or older has been assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, he or she may be admitted to a registered acute mental health centre pursuant to section 64 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Subject to section 71 , a voluntarily admitted child aged 16 years or older, other than a child referred to in subsection (4), may leave the registered acute mental health centre at any time unless, in the opinion of the responsible consultant psychiatrist, it is not in the best interests of the child to do so, in which case the child shall be released into the care of his or her parents, or either of them, or guardian.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subject to section 71 , a voluntarily admitted child aged 16 years or older who is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order may leave the registered acute mental health centre at any time into the care of the Agency.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under this section.</div>\n<p class=\"lf-p\">Admission with parental consent of child aged 16 years or older lacking necessary capacity 64. (1) Subject to subsections (2) and (3), where a child aged 16 years or older is assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, he or she may be admitted to a registered acute mental health centre with the consent of his or her parents, or either of them, or guardian.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a child is— (a) the subject of a care order, (b) aged 16 years or older, and (c) assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being located and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to that registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the intended application in advance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subject to subsection (7) and section 71 , a child admitted to a registered acute mental health centre under this section may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency, as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order is discharged from a registered acute mental health centre under this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where a child has been admitted to a registered acute mental health centre under this section, the registered acute mental health centre shall— (a) provide all relevant supports to the child to enable the child to form his or her own views and will and preferences and, where possible, make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Part, and (b) arrange for capacity assessments of the child to be carried out in accordance with section 61 to assess whether the child continues to lack the necessary capacity to consent to or refuse voluntary admission.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Where a child admitted under this section is found to have the necessary capacity to consent to or refuse voluntary admission following a periodic capacity assessment under section 61 , the child shall be treated as a voluntarily admitted child admitted under section 63 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>The Commission shall prepare and publish a code of practice for staff working in a registered acute mental health centre in relation to the provisions of this section.</div>\n<p class=\"lf-p\">Criteria for involuntary admission of child to registered acute mental health centre 65. (1) A child may be involuntarily admitted to a registered acute mental health centre pursuant to an involuntary admission order under section 66 and detained there if he or she fulfils each of the criteria (in this Act referred to as the “criteria for involuntary admission of a child”) specified in either paragraph (a) or (b), namely: (a) the child has a mental disorder, the nature and degree of which is such that— (i) the life of the child, or that of another person, is at risk, or the health of the child, or that of another person, is at risk of immediate and serious harm, and (ii) if the child were to be admitted and detained in a registered acute mental health centre— (I) his or her admission and detention would be likely to reduce the risk he or she poses to himself or herself or others due to his or her mental disorder, (II) he or she would likely benefit from care and treatment that cannot be given to that child other than in a registered acute mental health centre, or (III) his or her admission and detention would be likely to benefit his or her mental disorder; or (b) the child has a mental disorder, the nature and degree of which is such that— (i) he or she requires care and treatment immediately, (ii) the care and treatment required to be given to the child cannot be given to that child other than in a registered acute mental health centre, and (iii) the reception, detention and care and treatment of the child concerned in a registered acute mental health centre would be likely to materially benefit the condition of that child.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Nothing in subsection (1) shall be construed as authorising the involuntary admission of a child to a registered acute mental health centre by reason only of the fact that the child— (a) has a mental disorder that does not fulfil the criteria for involuntary admission of a child, (b) has an intellectual disability, (c) has a personality disorder, (d) is addicted to drugs or intoxicants, (e) may behave in such a manner or hold views that are contrary to, deviate from or transgress cultural, religious, social or traditional norms or customs of appropriate behaviour, or (f) requires to reside in a safe environment provided by a registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Commission shall prepare and issue a code of practice for staff working in a registered acute mental health centre in relation to the provisions of this section.</div>\n<p class=\"lf-p\">Involuntary admission of child 66. (1) Subject to subsection (5), where it appears to the Executive that a child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive shall, as soon as may be, arrange for a consultant psychiatrist to carry out an examination of the child.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In carrying out an examination under subsection (1), a responsible consultant psychiatrist shall consider, in consultation with the child’s relevant consulted carers, if any— (a) whether the child may, in the first instance, be admitted— (i) as a voluntarily admitted child under section 62 or 63 , or (ii) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 , and (b) if so, whether it would be in the best interests of the child to be admitted pursuant to section 62 , 63 or 64 , as the case may be, rather than being admitted on an involuntary basis under this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, following an examination under subsection (1), the consultant psychiatrist is satisfied that the child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive may make an application to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being, for an order authorising the reception, detention and care and treatment of the child in a registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where the Executive makes an application for involuntary admission under subsection (3) following an examination under subsection (1), the consultant psychiatrist who carried out an examination of the child shall— (a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and (b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Executive may make an application for involuntary admission under subsection (3) without any prior examination of the child by a consultant psychiatrist, where— (a) the child is aged 16 years or older and refuses or does not consent to the examination, (b) in the case of a child under 16 years of age or a child aged 16 years or older who lacks the necessary capacity to consent to or refuse voluntary admission, the parents or guardian or the Agency refuse or do not consent to the examination of the child, or (c) in the case of a child referred to in paragraph (b) who is not the subject of a care order, following the making of reasonable enquiries by the Executive, the parents, or either of them, or guardian, cannot be found by the Executive.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where the Executive makes an application for involuntary admission under subsection (3) without a prior examination by a consultant psychiatrist of the child, the subject of the application, the Family District Court or the District Court, as the case may be, may, if it is satisfied that there is reasonable cause to believe that the child fulfils the criteria for involuntary admission of a child, direct the Executive to arrange for an examination of the child by a consultant psychiatrist and for that consultant psychiatrist to— (a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and (b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>A consultant psychiatrist shall be disqualified from carrying out an examination under subsection (1) or (5) where he or she is a relative of the child concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where the Family District Court or the District Court, as the case may be, is satisfied, having considered— (a) the report of the consultant psychiatrist referred to in subsection (4) or (6), and (b) any other evidence that may be adduced before it that a child fulfils the criteria for involuntary admission of a child, the Court shall make an order (in this Act referred to as an “involuntary admission order”) for the involuntary admission of the child concerned in a specified registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application for involuntary admission under subsection (3) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>Subject to subsection (12), notice of an application for involuntary admission under subsection (3) and a copy of the proceedings shall be served by the Executive on— (a) the child’s relevant notified carers, and (b) any other person specified by the Family District Court or the District Court, as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Before making an involuntary admission order under this section, the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>An application for involuntary admission under subsection (3) may, if the Family District Court or the District Court, as the case may be, is satisfied that the urgency of the matter so requires, be made ex parte.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>Where an application for involuntary admission of a child is made to the Family District Court or the District Court, as the case may be, under subsection (3), the Court, of its own motion or on the application by any person, may give such directions as it sees fit as to the reception, detention and care and treatment of the child who is the subject of the application pending its determination of the matter, and any such direction shall cease to have effect on the determination of the application.</div>\n<p class=\"lf-p\">Duration and renewal of involuntary admission order of child 67. (1) An involuntary admission order shall— (a) authorise the reception, detention and care and treatment of the child concerned, and (b) subject to subsections (2) and (3), section 69 and 70</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>, remain in force for 21 days after the date of its making, and then expire.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, on or before the expiration of the period of involuntary admission referred to in subsection (1)(b), an application is made to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being by the Executive for an extension of the period of involuntary admission, the Court may by order extend the period of involuntary admission (in this Act referred to as a “renewal order”), for a further period not exceeding 3 months, commencing on the expiration of the involuntary admission order made in respect of the child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The period referred to in subsection (2) may be extended by order made by the Family District Court or the District Court, as the case may be, on further application in that behalf by the Executive for periods each of which does not exceed 3 months (each of which orders is also referred to in this Act as a “renewal order”).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Family District Court or the District Court, as the case may be, shall not make a renewal order under this section unless— (a) the child has been examined by a consultant psychiatrist not more than 48 hours prior to the making of the application under subsection (2) or (3) and a report of the results of the examination is furnished to the Court by the Executive upon the making of the application, and (b) following consideration by the Court of the report, it is satisfied that the child continues to have a mental disorder which fulfils the criteria for involuntary admission of a child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A consultant psychiatrist shall be disqualified from carrying out an examination under subsection (4) where he or she is a relative of the child concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where the Executive proposes to make an application under subsection (2), it shall notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60 , of the proposed application in advance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Notice of an application under subsection (2) or (3) and a copy of the proceedings shall be served by the Executive on— (a) the child’s relevant notified carers, and (b) any other person specified by the Family District Court or the District Court, as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Before making a renewal order under this section, the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Where an application for a renewal order is made to the Family District Court or the District Court, as the case may be, under subsection (2) or (3), the Court, of its own motion or on the application of any person, may, pending its determination of the matter, give such directions as it sees fit as to the care and treatment of the child who is the subject of the application, and any such direction shall cease to have effect on the determination of the application.</div>\n<p class=\"lf-p\">Copy of order in respect of child to be sent to Commission 68. The responsible consultant psychiatrist shall, as soon as is practicable but not later than 24 hours after the making of an involuntary admission order and any renewal order in respect of an involuntarily admitted child, send, or cause to be sent, a copy of the order concerned to the Commission.</p>\n<p class=\"lf-p\">Appeal to Family Circuit Court 69. (1) An involuntarily admitted child may appeal to the Family Circuit Court against a decision of the Family District Court or the District Court to make an involuntary admission order or a renewal order, as the case may be, made in respect of him or her on the grounds that— (a) he or she does not meet the criteria for involuntary admission of a child, or (b) the provisions of this section and sections 9 , 66 , 67 , 71 , 73 , 74 , 76 and 80 , where applicable, were not complied with, and the failure affected the substance of the order and caused an injustice and the failure to comply with the provisions concerned was such as to render the detention invalid.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An appeal under this section shall be brought by the involuntarily admitted child or his or her parents or guardian or the Agency by notice in writing within 28 days of the date of receipt of the written notice under section 76</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The jurisdiction conferred on the Family Circuit Court by this section may be exercised by a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit in which the registered acute mental health centre concerned is situated or, at the option of the child, in which the child is ordinarily resident.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>On appeal to it under subsection (1)(a), the Family Circuit Court shall— (a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the child fulfils the criteria for involuntary admission of a child, affirm the order, or (b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the child fulfils the criteria for involuntary admission of a child, revoke the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>On appeal to it under subsection (1)(b), the Family Circuit Court shall— (a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, affirm the order, or (b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, revoke the order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>An order under subsection (4) or (5) may contain such consequential or supplementary provisions as the Family Circuit Court considers appropriate.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Notice of an appeal under subsection (1) and a copy of the proceedings shall be served by the person bringing the appeal on— (a) the Executive, (b) the Commission, (c) the child’s relevant notified carers, (d) the registered proprietor of the registered acute mental health centre concerned, (e) the responsible consultant psychiatrist in respect of the child the subject of the appeal, and (f) any other person specified by the Family Circuit Court.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>A person bringing an appeal under this section shall also notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60 , of the bringing of the appeal.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Before making an order under this section, the Family Circuit Court may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.</div>\n<p class=\"lf-p\">Discharge of involuntarily admitted children 70. (1) Subject to subsection (2), where a responsible consultant psychiatrist becomes of the opinion that a child no longer fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist shall as soon as possible meet with the child concerned and— (a) inform the child of his or her intention to notify the Executive under subsection (4) of his or her proposal to discharge the child and of the right of the child, if discharged, to leave the registered acute mental health centre or, with the responsible consultant psychiatrist’s agreement— (i) remain as a voluntarily admitted child if— (I) in the case of a child aged 16 years or older, the child wishes, or (II) in the case of a child under 16 years of age, the child’s parents, or either of them, or guardian, wishes, or (ii) in the case of a child aged 16 years or older assessed as lacking capacity under section 61 , remain as a child aged 16 years or older lacking necessary capacity admitted with parental consent if his or her parents, or either of them, or guardian wishes, and (b) provide the child with all relevant information from the child’s care plan prepared in accordance with section 187 and information regarding— (i) what will occur if the child leaves the registered acute mental health centre, and (ii) what will occur if the child remains in the registered acute mental health centre in accordance with paragraph (a)(i) or (ii).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a child referred to in subsection (1)— (a) is under 16 years of age or is assessed as lacking capacity under section 61 , and (b) is the subject of a care order, that subsection shall apply in relation to the child with the modification that the child may remain as a voluntarily admitted child in the registered acute mental health centre with the responsible consultant psychiatrist’s agreement where an order is made by the Family District Court or the District Court, as the case may be, authorising the admission under section 62</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>or 64</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The meeting referred to in subsection (1) may also be attended by— (a) the child’s relevant consulted carers, if any, and (b) any nominated person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where, following a meeting under subsection (1), a responsible consultant psychiatrist proposes to discharge a child under that subsection, the responsible consultant psychiatrist or another mental healthcare professional who is involved in the child’s care and treatment shall— (a) notify— (i) the Executive, (ii) the child’s guardian ad litem, (iii) the child’s relevant consulted carers, if any, and (iv) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under subparagraph (iii), the Agency, of the proposal to discharge the child, together with a report of his or her opinion that the child no longer fulfils the criteria for involuntary admission of a child, for the purpose of subsection (6), and (b) engage with the child concerned and, in so far as is practicable, where appropriate, liaise with the persons referred to in paragraph (a) or (b) of subsection (3) as they apply in respect of the child concerned for the purposes of planning the child’s discharge.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where the Family District Court or the District Court, as the case may be, refuses an application for a renewal order under section 67 in relation to a child, subsections (1) to (4) shall apply to the child concerned and his or her responsible consultant psychiatrist with the modification that the discharge of the child has been authorised by the Family District Court or the District Court under subsection (7), and a further application under subsection (6) shall not be required.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where the Executive has been notified of a proposal to discharge a child under subsection (4), the Executive shall make an application to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and furnish the report referred to in subsection (4)(a) to the Court upon the making of the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Subject to subsection (9), where the Court is satisfied, having considered an application under subsection (6), that the child no longer meets the criteria for involuntary admission of a child, the Court shall make an order authorising the discharge of the child as an involuntarily admitted child from the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Notice of an application under subsection (6) and a copy of the proceedings shall be served by the Executive on— (a) the child’s relevant notified carers, and (b) any other person specified by the Family District Court or the District Court, as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Before making an order authorising the discharge of the child as an involuntarily admitted child under subsection (7), the Family District Court or the District Court, as the case may be— (a) shall have regard to the report referred to in subsection (4)(a), and (b) may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>The decision under this section for a child to remain in a registered acute mental health centre as a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent, or to not remain, shall be recorded and a copy shall be retained in the child’s medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Where a child discharged under this section is— (a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or (b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61 , he or she shall be released into the care of his or her relevant carer.</div>\n<p class=\"lf-p\">Power to detain child 71. (1) Where the responsible consultant psychiatrist or another mental healthcare professional who is responsible for or involved in the care and treatment of a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent is of the opinion that the child fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist or other mental healthcare professional concerned may, if necessary, detain the child for a period not exceeding 24 hours for the purpose of carrying out the matters in subsections (2), (3) and (5).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a child is detained under subsection (1), the responsible consultant psychiatrist shall as soon as possible carry out an examination of the child and, where following that examination he or she remains of the opinion that the child fulfils the criteria for involuntary admission of a child, arrange for another consultant psychiatrist who is not involved in the care and treatment of the child to carry out a second examination of the child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>If, following his or her examination and consultation with the responsible consultant psychiatrist, the second consultant psychiatrist is of the opinion that the child does not fulfil the criteria for involuntary admission of a child, the detention shall cease and the child or the child and his or her relevant notified carers shall be immediately notified of the decision, and— (a) in the case of a voluntarily admitted child aged 16 years or older admitted under section 63 , informed of his or her right to leave the registered acute mental health centre or stay as a voluntarily admitted child in accordance with that section, and (b) in the case of a voluntarily admitted child under 16 years of age admitted under section 62 , or a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 , informed of his or her right to leave, or to stay as a voluntarily admitted child, or a child aged 16 years or older lacking necessary capacity admitted with parental consent, in accordance with those sections.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where a child discharged under this section is— (a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or (b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61 , he or she shall be released into the care of his or her relevant carer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>If, following his or her examination, the second consultant psychiatrist is of the opinion that the child does fulfil the criteria for involuntary admission of a child, the Executive shall make an application for involuntary admission of a child under section 66</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>, subject to the following modifications: (a) the application shall be made— (i) at the next sitting of the Family District Court held in the Family District Court district in which the child resides or is for the time being, (ii) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same District Court district, or (iii) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 working days of the date on which the child is detained under this section, at a sitting of the Family District Court or District Court which has been specially arranged under paragraph (d), held within the said 3 working days; (b) where a judge for the Family District Court district or a judge for the District Court district in which the child resides or is for the time being is not immediately available, an order may be made by any judge of the Family District Court or the District Court; (c) the application may, if the judge is satisfied that the urgency of the matter so requires, be made ex parte; (d) the application may, if the judge is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a sitting of the Family District Court or a public sitting of the District Court; (e) the Executive shall furnish reports, prepared by the psychiatrist or psychiatrists concerned, of the examinations under subsection (2) when making the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where a child has been detained in accordance with subsection (1) and, following examinations under subsection (2), the Executive makes an application under section 66</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>, the clinical director of the registered acute mental health centre shall continue the reception, detention and care of the child during the 72 hour period pending the hearing of that application, subject to any directions from the Family District Court or District Court, as the case may be, under section 66 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The examinations carried out under subsection (2) shall be recorded and a copy shall be retained in the child’s medical records.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>The Executive may make an application for involuntary admission under section 66</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>in respect of a child to whom this section applies without any examinations under subsection (2) being carried out where paragraph (a), (b) or (c) of section 66</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>applies.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>The Executive shall notify the Commission, in the form and manner specified by the Commission, of a decision under this section to make an application for involuntary admission under section 66 or to not make such an application.</div>\n<p class=\"lf-p\">Notification to Agency 72. Where a child was the subject of a care order, a voluntary care arrangement, an emergency care order, an interim care order or a supervision order at the time of his or her admission under section 62 , 63 , 64 or 66 and that arrangement or order ceases during his or her period of admission, the Executive shall, as soon as may be, notify the Agency where the child concerned— (a) is the subject of a renewal order under section 67 , (b) leaves a registered acute mental health centre under section 62 , 63 , 64 or 71 , or (c) is discharged from a registered acute mental health centre under section 70 .</p>\n<p class=\"lf-p\">Powers of Garda Síochána to take child into custody in certain circumstances 73. (1) Where a member of An Garda Síochána has reasonable grounds for believing that a child has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, the member may either alone or with any other member or members of An Garda Síochána— (a) take all reasonable measures necessary to take the child into custody and arrange for the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, to be carried out as soon as practicable, but no later than 6 hours after the time that the child is taken into custody, and (b) enter, if needs be by force, any dwelling or other premises or any place if he or she has reasonable grounds for believing that the child is to be found there.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The period referred to in subsection (1)(a) may be extended by one additional period of 6 hours under the authorisation of a member of An Garda Síochána not below the rank of inspector if he or she has reasonable grounds for believing that the additional period is necessary in order that the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, may be carried out.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a member of An Garda Síochána takes a child into custody under subsection (1), he or she or any other member or members of An Garda Síochána shall contact— (a) in relation to a child the subject of a care order, the Agency, (b) in relation to a child the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, the Agency and the child’s parents, or either of them, or guardian, and (c) in all other circumstances, the child’s parents, or either of them, or guardian, as soon as practicable, but no later than 3 hours from the time that the child is taken into custody.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where a member of An Garda Síochána takes a child into custody under subsection (1), he or she or any other member or members of An Garda Síochána may request— (a) a registered medical practitioner to carry out an examination of the child, or (b) the Executive to arrange for a consultant psychiatrist to carry out an examination of the child, to assess whether the child has a mental disorder that fulfils the criteria for involuntary admission of a child requiring an application for involuntary admission of a child under section 66 .</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>In so far as possible, an examination under subsection (4) shall also be attended by the persons specified in paragraphs (a), (b) or (c) of subsection (3), as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where, following an examination of a child under subsection (4)— (a) a registered medical practitioner is of the opinion that the child concerned has a mental disorder that fulfils the criteria for involuntary admission of a child, a member or members of An Garda Síochána— (i) shall, subject to subsection (7)— (I) release the child into the care of his or her relevant carer for the purpose of that person or persons engaging with the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child, and (II) notify the Executive that the child has been released into the care of his or her relevant carer, and (ii) may request the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child, or (b) a consultant psychiatrist is of the opinion that the child has a mental disorder that fulfils the criteria for involuntary admission of a child— (i) subject to subsection (7), a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and (ii) the Executive may make an application for involuntary admission under section 66 in respect of the child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>A member or members of An Garda Síochána shall not release a child under paragraph (a)(i) or (b)(i) of subsection (6) where— (a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child, (b) in the opinion of the registered medical practitioner or consultant psychiatrist concerned, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child, (c) in the case of a child who is not the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, his or her relevant carer, after the making of reasonable enquiries, cannot be found, or (d) his or her detention is authorised by law other than under this Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where paragraph (a), (b) or (c) of subsection (7) applies, the member or members of An Garda Síochána may request that the Executive take charge of the child as soon as possible until such time as— (a) an involuntary admission order is made under section 66 in respect of the child, or (b) the Executive assesses that an application for involuntary admission under section 66 is not required in respect of the child.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>The Executive shall comply with the request under subsection (8) as soon as practicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>Where subsection (7)(c) applies and the child’s relevant carer is subsequently found, the child shall be released from the custody of An Garda Síochána or from the charge of the Executive, as the case may be, unless, in the opinion of the member or members of An Garda Síochána responsible for the child or the Executive, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child into the care of that person or persons.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Where a request is made under subsection (8) due to paragraph (a) or (c) of subsection (7) applying, the member or members of An Garda Síochána responsible for the child shall notify the Agency as soon as may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>Where— (a) in advance of an examination of a child under subsection (4), the member or members of An Garda Síochána responsible for the child has or have reasonable grounds for believing that the child concerned no longer has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, or (b) following an examination of a child under subsection (4), a registered medical practitioner or consultant psychiatrist referred to in that subsection is of the opinion that the child concerned does not have a mental disorder that fulfils the criteria for involuntary admission of a child, the child shall, subject to subsections (13), (14) and (15), be released from the custody of An Garda Síochána.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>Where paragraph (a) or (b) of subsection (12) applies— (a) where the child is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, a member or members of An Garda Síochána shall release the child into the care of the Agency unless his or her detention is authorised other than under this Act, and (b) subject to subsection (14), in all other circumstances— (i) where the child is under 16 years of age, a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and (ii) where the child is aged 16 years or older, a member or members of An Garda Síochána shall release the child immediately, unless the detention of the child is authorised other than under this Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(14)</span>A member or members of An Garda Síochána shall not release a child under subsection (13)(b) where— (a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child by releasing the child, or (b) in respect of a child referred to in subsection (13)(b)(i), his or her relevant carer, after the making of reasonable enquiries, cannot be found, until such time as a request is made under subsection (15) or a notification is made under subsection (16), as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(15)</span>Where subsection (14)(a) applies, a member or members of An Garda Síochána may request the Agency that the child be delivered up to the custody of the Agency under section 12 of the Act of 1991 as soon as may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(16)</span>Where subsection (14)(b) applies, a member or members of An Garda Síochána may notify the Agency.</div>\n<p class=\"lf-p\">Bringing of child subject of involuntary admission order to registered acute mental health centre 74. (1) Where an involuntary admission order is made under section 66 in respect of a child, the child’s relevant carer shall arrange for the child to be brought to the registered acute mental health centre specified in the order as soon as practicable after the making of the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a child’s relevant carer is unable to arrange for the child to be brought to the registered acute mental health centre in accordance with subsection (1), the relevant carer shall request— (a) the clinical director of the registered acute mental health centre specified in the order, or (b) a consultant psychiatrist acting on that clinical director’s behalf, to arrange for the child concerned to be brought to the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where the relevant carer of a child the subject of an involuntary admission order, other than the Agency, fails or refuses to arrange for the child to be brought to the registered acute mental health centre specified in the order, the clinical director of the registered acute mental health centre concerned or a consultant psychiatrist acting on the clinical director’s behalf shall arrange for the child concerned to be brought to the registered acute mental health centre.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A person referred to in paragraph (a) or (b) of subsection (2), on foot of a request made under that subsection, shall arrange for the child the subject of the involuntary admission order to be brought to the specified registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A clinical director or consultant psychiatrist referred to in paragraph (a) or (b) of subsection (2) or in subsection (3) may request a member of An Garda Síochána to assist in bringing the child the subject of the involuntary admission order to the specified registered acute mental health centre where the clinical director or consultant psychiatrist concerned is of the opinion that such assistance is necessary to protect the health of the child or other persons from the threat of immediate and serious harm.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Where a request is made to An Garda Síochána under subsection (5), a member or members of An Garda Síochána— (a) shall comply with that request as soon as practicable, and (b) may— (i) enter if needs be by force any dwelling or other premises or any place if the member has reasonable cause to believe that the child concerned is to be found there, and (ii) take all reasonable measures necessary to bring the child the subject of the order to the registered acute mental health centre including the detention or restraint of the child concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>A member of An Garda Síochána who under subsection (6)(b)(ii) detains or restrains a child the subject of an order shall cease the detention or restraint immediately upon the detention or restraint no longer being necessary, in the opinion of the member of An Garda Síochána applying the restraint, in order to protect the health of the child or other persons from the threat of immediate and serious harm.</div>\n<p class=\"lf-p\">Provision of information for voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent 75. (1) The responsible consultant psychiatrist in relation to a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent shall, as soon as practicable after the admission, give, or cause to be given, a notice of the admission.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A notice under subsection (1) and any information provided in accordance with subsection (3) shall be given to— (a) the child concerned, (b) the child’s relevant consulted carers, if any, (c) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under paragraph (b), the Agency, and (d) where relevant, any nominated person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A notice under subsection (1) shall include a statement in writing to the effect that— (a) the child’s relevant consulted carers, if any, will be given a general description of the proposed care and treatment to be administered to the child during the period of his or her admission, (b) the child’s relevant consulted carers, if any, are entitled to receive information on any aspect of the child’s proposed care and treatment at any time during the period of admission, (c) the recipient will be provided with an explanatory note on the guiding principles that apply in relation to all decisions regarding the child’s care and treatment, (d) the recipient is informed of the rights of the child or his or her parents or guardian or the Agency, where appropriate, subject to Chapter 3, to consent or refuse to consent to treatment, (e) the recipient is informed of the complaints procedure for the registered acute mental health centre and of the entitlement of the child and his or her parents or guardian or the Agency to bring a complaint under that procedure, (f) the recipient is informed of any relevant advocacy services,</div></div>", "next": 239873}