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Mental Treatment Act, 1945
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1945
Mental Treatment Act, 1945
Mental Treatment Act, 1945
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Number 19 of 1945.
MENTAL TREATMENT ACT, 1945.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section
1.
Short title.
2.
Commencement.
3.
Definitions.
4.
Person in charge.
5.
Authorised medical officer.
6.
Place of ordinary residence of person of no fixed residence.
7.
Applicant for reception order in case of private patient.
8.
Regulations.
9.
Collection' and disposal of moneys payable to the Minister.
10.
Expenses of the Minister.
11.
Repeals.
PART II.
The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.
12.
The Inspector of Mental Hospitals.
13.
Assistant inspectors of mental hospitals.
PART III.
Mental Hospital Districts And Mental Hospital Authorities.
14.
Mental hospital districts.
15.
Mental hospital authorities.
16.
Appointment of joint board, etc.
17.
General provisions relating to joint board.
18.
Transfer of property to joint board, etc.
PART IV.
General Duty of Mental Hospital Authority to Provide Treatment, Maintenance, Advice and Services.
19.
General duty of mental hospital authority to provide treatment, maintenance, advice and services.
PART V.
Institutions to Be Provided and Maintained By Mental Hospital Authorities.
20.
General duty to provide accommodation.
21.
District mental hospital.
22.
Auxiliary mental hospital.
23.
Accommodation for temporary and voluntary patients.
24.
Consulting rooms and clinics.
25.
Laboratory.
26.
Additional institutions and accommodation.
27.
Certain institutions to be deemed to be provided under this Part of this Act.
28.
General duty to carry on in a proper manner institutions and accommodation maintained by mental hospital authority.
29.
Residences for staff.
30.
Burial place.
31.
Enlargement of institution maintained by mental hospital authority, etc.
32.
Contribution to cost of public water supply.
33.
Contribution to cost of public sewerage scheme.
34.
Contributions to cost of providing clinic, dispensary or health centre.
35.
Restriction on erecting institution to be maintained by mental hospital authority, etc.
36.
Restriction on erecting buildings attached to institution maintained by mental hospital authority, etc.
37.
Restriction on repairs, etc.
38.
Provision by two or more mental hospital authorities jointly of institution.
39.
Provision by two or more mental hospital authorities jointly of laboratory.
40.
General regulations in relation to institutions maintained by mental hospital authorities.
41.
Special regulations in relation to particular institution maintained by a mental hospital authority.
42.
Discontinuance of institution maintained by mental hospital authority.
PART VI.
Financial Provisions Relating to Mental Hospital Authorities.
43.
Expenses of mental hospital authorities.
44.
Borrowing.
45.
Limit on borrowing.
46.
Treasurer of joint board.
47.
Amounts received by joint board.
48.
Amounts paid by joint board.
49.
Audit of accounts of joint board.
PART VII.
Acquisition and Disposal of Land By Mental Hospital Authorities.
50.
Definitions for purposes of Part VII.
51.
Powers of mental hospital authority to acquire land.
52.
Incorporation of Lands Clauses Acts.
53.
Power of mental hospital authority-to inspect land.
54.
Making of compulsory acquisition order.
55.
Notices, etc., of making of compulsory acquisition order.
56.
Confirmation of compulsory acquisition order.
57.
Notices, etc., of confirmation of compulsory acquisition order.
58.
Annulment of compulsory acquisition order by the High Court.
59.
Commencement of compulsory acquisition order.
60.
Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.
61.
Appropriation of surplus land to other purposes.
62.
Disposal of surplus land.
PART VIII.
Superannuation, Etc., of Officers and Servants of Mental Hospital Authorities.
63.
Definitions for purposes of Part VIII.
64.
Non-application of Part VIII in certain cases.
65.
Register of certain officers and servants.
66.
Superannuation of registered officers and servants.
67.
Pensions, etc., to registered officers and servants on being incapacitated.
68.
Superannuation of officers and servants who are not registered.
69.
Pensions, etc., to officers and servants who are not registered on being incapacitated.
70.
Payment where officer or servant dies.
71.
Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.
72.
Pension, etc., in certain special cases.
73.
Reduction of allowance in certain cases.
74.
Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.
75.
Ascertainment of continuation of incapacity.
76.
Marriage gratuities.
77.
Allowances to widows in certain cases.
78.
Allowance in respect of children in certain cases.
79.
Limit on allowances and lump sums.
80.
Payment, of certain deficiencies.
81.
Forfeiture of allowance in case of grave misconduct.
82.
Reckoning of service.
83.
Abatement of allowance on appointment of recipient.
84.
Reduction of certain allowances.
85.
Contributions.
86.
Return of contributions.
87.
Assignment of pensions, etc.
88.
Officer or servant becoming Civil Servant.
89.
Civil Servant becoming officer or servant.
90.
Contributions in case of service with more than one mental hospital authority.
91.
Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.
92.
Appeal to the Minister.
93.
Age limit.
PART IX.
Miscellaneous Provisions Relating to Mental Hospital Authorities.
94.
Resident medical superintendent.
95.
Committees of mental hospital authorities.
96.
Visiting committee of district mental hospital.
97.
Visiting committee of auxiliary mental hospital.
98.
Joint administration of mental hospital districts.
99.
Reception of minutes of proceedings at meeting of joint board as evidence, etc.
100.
Joint board as local authority for purposes of certain Acts.
101.
Arrangement for maintenance in institution not maintained by relevant mental hospital authority.
102.
Arrangement for treatment in approved institutions.
103.
Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.
104.
Religious services and chaplains in institutions maintained by mental hospital authority.
105.
Regulations as to contracts by mental hospital authorities.
106.
Contributions to associations and societies for prevention and treatment of mental disease.
107.
Burials.
108.
Transfer of patient to proper district mental hospital, etc.
109.
Admission of persons as private patients to mental institution maintained by mental hospital authority.
110.
Regulations for guidance and control of mental hospital authorities and their officers.
PART X.
Private Institutions.
111.
Definitions for purposes of Part X.
112.
Register of private institutions.
113.
Obligation to register private institution.
114.
Exceptions from obligation to register private institution.
115.
Application for registration or renewal of registration of private institution.
116.
Duration of registration of private institution.
117.
Certificate of registration or renewal of registration of private institution.
118.
Refusal of registration or renewal of registration of private institution and removal from register of private institution.
119.
Grounds for refusal of registration of private institution.
120.
Grounds for refusing renewal of registration of private institution.
121.
Grounds for removal of private institution from register.
122.
Continuation of certain powers after removal of private institution from register or after registration not being renewed.
123.
Disqualification from being member of governing body of private institution.
124.
Provisions consequent upon transfer, etc., of private institution.
125.
Striking out or correction of registration of private institution.
126.
Addition to or alteration of premises of private institution.
127.
Keeping of plans of premises of private institution available for inspection.
128.
Restriction on number of patients in private institution.
129.
Visitation of private institution where two or more patients are kept.
130.
Visitation of sole patient in private institution.
131.
Register of patients in private institution.
132.
Regulations governing carrying on of private institution, etc.
PART XI.
Private Charitable Institutions.
133.
Definitions for purposes of Part XI.
134.
Register of private charitable institutions.
135.
Obligation to register private charitable institution.
136.
Exceptions from obligation to register private charitable institution.
137.
Application for registration or renewal of registration of private charitable institution.
138.
Duration of registration of private charitable institution.
139.
Certificate of registration or renewal of registration of private charitable institution.
140.
Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.
141.
Grounds for refusal of registration of private charitable institution.
142.
Grounds for refusing renewal of registration of private charitable institution.
143.
Grounds for removal of private charitable institution from register.
144.
Continuation of certain powers after removal of private charitable institution from register or after registration not being renewed.
145.
Disqualification from being member of governing body of private charitable institution.
146.
Provisions consequent upon transfer, etc., of private charitable institution.
147.
Striking out or correction of registration of private charitable institution.
148.
Addition to or alteration of premises of private charitable institution.
149.
Keeping of plans of premises of private charitable institution available for inspection.
150.
Restriction on number of patients in private charitable institution.
151.
Visitation of private charitable institution.
152.
Register of patients in private charitable institution.
153.
Regulations governing carrying on of private charitable institutions, etc.
154.
Abstract of accounts.
PART XII.
Authorised Institutions.
155.
Register of patients in authorised institution.
156.
Requisition to remedy defects.
157.
Requisition not to use authorised institution for taking care of persons of unsound mind.
PART XIII.
Approved Institutions.
158.
Approval by order of the Minister.
159.
Restriction on reception of persons as temporary and voluntary patients.
160.
Register of patients in approved institution.
161.
Regulations governing carrying on of approved institutions.
PART XIV.
Reception Orders.
Chapter I.
Chargeable Patient Reception Orders.
162.
Application for recommendation for reception.
163.
Making of recommendation for reception.
164.
Disclosure of previous application for recommendation for reception.
165.
Removal to GĂĄrda SĂochĂĄna station of person believed to be of unsound mind and requiring control, etc.
166.
Person believed to be of unsound mind not under proper care, etc.
167.
Effect of recommendation for reception.
168.
Co-operation in removal upon making of recommendation for reception.
169.
Certificate by authorised medical officer making recommendation for reception that escort is necessary, etc.
170.
Payment of cost of conveyance upon making of recommendation for reception.
171.
Chargeable patient reception order.
172.
Effect of chargeable patient reception order.
173.
Statement of reasons for refusal of chargeable patient reception order.
174.
Amendment of recommendation for reception or chargeable patient reception order.
175.
Expenses of GĂĄrda SĂochĂĄna under Chapter I of Part XIV.
176.
Cases of urgency, etc.
Chapter II.
Private Patient Reception Orders.
177.
Application for private patient reception order.
178.
Making of private patient reception order.
179.
Restriction on receptions under private patient reception orders.
180.
Disclosure of previous application for private patient reception order.
181.
Effect of private patient reception order.
182.
Amendment of private patient reception order.
183.
Certificate by registered medical practitioners making private patient reception order that escort is necessary, etc.
Chapter III.
Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders.
184.
Application for and making of temporary chargeable patient reception order.
185.
Application for and making of temporary private patient reception order.
186.
Effect of temporary chargeable patient reception order or temporary private patient reception order.
187.
Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.
188.
Co-operation in removal upon making of temporary chargeable patient reception order.
189.
Extension of period of detention of temporary patient.
PART XV.
Reception of Persons into Approved Institutions as Voluntary Patients.
190.
Application for reception as voluntary patient and as chargeable patient.
191.
Application for reception as voluntary patient and as private patient.
192.
Reception and treatment of voluntary patient.
193.
Payment of cost of conveyance of voluntary patient receivable as chargeable patient.
194.
Notice by voluntary patient that he wishes to leave approved institution.
195.
Voluntary patient becoming mentally incapable of expressing wishes.
196.
Voluntary patient under 16 years of age ceasing to have parent or guardian.
197.
Notice of reception, departure, or death of voluntary patient.
198.
Register of voluntary patients.
PART XVI.
Persons Detained Under Reception Orders.
199.
Giving of copy of reception order to Minister.
200.
Register of persons received into mental institutions under reception orders.
201.
Report to Minister on expiration of twenty-one days after reception under reception order.
202.
Notice to the Minister of escape, etc.
203.
Absence on trial.
204.
Absence on parole.
205.
Transfer by mental hospital authority to another institution maintained by them.
206.
Transfer to different district mental hospital.
207.
Transfer to Dundrum Central Criminal Lunatic Asylum.
208.
Removal for special treatment.
209.
Boarding-out.
210.
Provisions applicable where chargeable patient is boarded-out.
211.
Provisions applicable where private patient is boarded-out.
212.
Arrangement for maintenance.
213.
Transfer from mental institution not maintained by mental hospital authority.
214.
Transfer on application of applicant for reception order.
215.
Discharge of person detained as private patient on direction.
216.
Person detained becoming desirous of being received as voluntary patient.
217.
Notice of recovery of person detained as private patient.
218.
Notice of recovery of person detained as chargeable patient.
219.
Discharge of person detained as chargeable patient where no relative known.
220.
Application by relative or friend of person detained as chargeable patient to take care of such person.
221.
Certificate that person proposed to be discharged is unfit therefor.
222.
Order for examination of patient.
223.
Visiting of person discharged after detention as chargeable patient.
224.
Sending of person who is detained as chargeable patient and who is eligible for public assistance to district institution on discharge.
225.
Making available of case books to mental hospital authority.
226.
Examination of person detained as temporary patient by Inspector of Mental Hospitals.
227.
Direction to discharge person detained as temporary patient, etc.
228.
Direction to give copy of order and medical certificate to temporary patient.
229.
Retaking on escape.
PART XVII.
Recovery of Cost of Maintenance and Treatment in District Mental Hospitals.
230.
Liability to maintain relations.
231.
Particulars for determining if person is a chargeable patient.
232.
Liability to contribute to cost of mental hospital assistance.
233.
Liability to repay cost of mental hospital assistance.
234.
Appropriation of property.
PART XVIII.
Powers and Duties of the Inspector of Mental Hospitals.
235.
General power of inspection of mental institutions by Inspector of Mental Hospitals.
236.
Periodical inspection of mental institutions by Inspector of Mental Hospitals.
237.
Duties of Inspector of Mental Hospitals when making inspection.
238.
Special attention where propriety of detention is doubtful.
239.
Further consideration of detention of patient in institution maintained by mental hospital authority.
240.
Further consideration of detention of patient in institution not maintained by mental hospital authority.
241.
Order by President of High Court for visit and examination of person detained as person of unsound mind.
242.
Examination on oath.
243.
Report to the Minister.
244.
Production of list of patients, etc.
245.
Facilities for inspection.
246.
Assistance by medical practitioner or resident medical superintendent in making visit to mental institution.
247.
Annual report on mental institutions.
248.
Inspection of Dundrum Central Criminal Lunatic Asylum.
PART XIX.
Miscellaneous.
249.
General penalty.
250.
Reception and detention otherwise than under this Act.
251.
Concealment of patient, etc.
252.
Direction not to supply intoxicants or narcotics to patient.
253.
Ill-treatment or neglect.
254.
Increase of penalty for misdemeanour under section 4 of Criminal Law Amendment Act 1935, in certain cases.
255.
Misstatement in application for reception order, etc.
256.
Effect on reception order of change of place of detention.
257.
Prohibition on compelling patient to attend religious service not of his religion.
258.
Delivery to Minister of certain contracts, etc.
259.
Time limit on certain proceedings.
260.
Leave of the High Court for certain proceedings.
261.
Lodging of person not of unsound mind in mental institution.
262.
Application of this Act to existing patients.
263.
Mechanical means of bodily restraint.
264.
Application of mechanical means of bodily restraint in mental institutions.
265.
Restriction on employment of male persons.
266.
Forwarding of certain letters of patients.
267.
Notices as to right to have letters forwarded.
268.
Report to coroner on death of patient.
269.
Order directing admission of person to visit patient.
270.
Saver for certain rights, etc.
271.
Application by discharged patient for copy of reception order.
272.
Report of certain matters to Minister.
273.
Retirement, relinquishment of his commission, or discharge of member of Defence Forces who is of unsound mind.
274.
Fee for authorised medical officer carrying out medical examination.
275.
Nomination of person to take place of applicant for a reception order.
276.
Assistance by counsel in making visit or investigation under this Act.
277.
Inquiries.
278.
Taking of evidence at inquiries on oath.
279.
Penalty for obstruction of Inspector of Mental Hospitals, etc.
280.
Laying of orders and regulations before Oireachtas.
281.
Adaptation of existing enactments.
282.
Giving of notices under this Act.
283.
Saving of powers of Judges of the High Court and of Judges of the Circuit Court.
284.
Saver in respect of certain sections.
FIRST SCHEDULE.
Enactments repealed.
SECOND SCHEDULE.
Mental Hospital Districts.
THIRD SCHEDULE.
Rules relating to joint boards.
FOURTH SCHEDULE.
Acts within the meaning of which and for the purposes of which a joint board is a local authority.
FIFTH SCHEDULE.
Sections and sub-sections for which a penalty is provided by section 249.
Acts Referred to
Public Assistance Act, 1939
No. 27 of 1939
Local Government Act, 1941
No. 23 of 1941
County Management Act, 1940
No. 12 of 1940
Local Authorities (Officers and Employees) Act, 1926
No. 39 of 1926
Local Authorities (Combined Purchasing) Act, 1925
No. 20 of 1925
Local Authorities (Combined Purchasing) Act, 1939
No. 14 of 1939
Criminal Law Amendment Act, 1935
No. 6 of 1935
Local Authorities (Mutual Assurance) Act, 1926
No. 34 of 1926
Juries Act, 1927
No. 23 of 1927
Local Authorities (Mutual Assurance) Act, 1928
No. 21 of 1928
Local Authorities (Mutual Assurance) Act, 1935
No. 42 of 1935
Local Authorities (Miscellaneous Provisions) Act, 1936
No. 55 of 1936
Defence Forces (Temporary Provisions) Act, 1925
No. 4 of 1925
Local Government Act, 1925
No. 5 of 1925
Defence Forces (Temporary Provisions) Act, 1942
No. 3 of 1942
Number 19 of 1945.
MENTAL TREATMENT ACT, 1945.
AN ACT TO PROVIDE FOR THE PREVENTION AND TREATMENT OF MENTAL DISORDERS AND THE CARE OF PERSONS SUFFERING THEREFROM AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd May, 1945].
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
PART I.
Preliminary and General.
Short title.
1.âThis Act may be cited as the Mental Treatment Act, 1945.
Commencement.
2.âThis Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for- different purposes and different provisions of this Act.
Definitions.
3.âIn this Actâ
the word âaddictâ means a person whoâ
(a) by reason of his addiction to drugs or intoxicants is either dangerous to himself or others or incapable of managing himself or his affairs or of ordinary proper conduct, or
(b) by reason of his addiction to drugs, intoxicants or perverted conduct is in serious danger of mental disorder;
the expression âthe appropriate assistance officerâ meansâ
(a) when used in relation to a person boarded out under this Actâthe assistance officer for the assistance officer's district in which the person is boarded-out, and
(b) when used in relation to any other personâthe assistance officer for the assistance officer's district in which the person ordinarily resides;
the expression âapproved institutionâ means an institution or premises approved of by order of the Minister under
section 158
of this Act;
the expression âassistance officerâ means an officer employed by a public assistance authority to administer home assistance under the
Public Assistance Act, 1939
(No. 27 of 1939);
the expression âassistance officer's districtâ means the district within which the duties of an assistance officer are to be performed;
the expression âassistant inspector of mental hospitalsâ means an assistant inspector of mental hospitals appointed under
section 13
of this Act;
the expression âauthorised institutionâ means an institution authorised by special Act or other enactment (including a charter) for the care, maintenance, and treatment of persons of unsound mind, not being the Dundrum Central Criminal Lunatic Asylum;
the expression âauthorised medical officerâ has the meaning given to it by
section 5
of this Act;
the expression âauxiliary mental hospitalâ means a mental hospital provided under
section 22
of this Act by a mental hospital authority;
the expression âchargeable patientâ means a patient who is receiving mental hospital assistance and who (with the persons, if any, liable to maintain him) is unable to provide the whole of the cost of such assistance;
the expression âchargeable patient reception orderâmeans a chargeable patient reception order under
Chapter I
of
Part XIV
of this Act;
the expression âdistrict mental hospitalâ means a mental hospital provided under
section 21
of this Act by a mental hospital authority;
the expression âthe Dundrum Central Criminal Lunatic Asylumâ means the central criminal lunatic asylum established in pursuance of the
Central Criminal Lunatic Asylum (Ireland) Act, 1845
;
the expression âthe Inspector of Mental Hospitalsâ means primarily the Inspector of Mental Hospitals appointed under
section 12
of this Act, but the said expression also includes a substitute for the Inspector of Mental Hospitals appointed under the said
section 12
and an assistant inspector of mental hospitals;
the expression âjoint authorityâ means an authority set up by order under
section 98
of this Act,
the expression âjoint boardâ means a board appointed jointly in pursuance of
section 15
of this Act;
the expression âlocal authorityâ meansâ
(a) a local authority for the purposes of the
Local Government Act, 1941
(No. 23 of 1941), or
(b) a sub-committee appointed by a local pensions committee under section 8 of the Old Age Pensions Act, 1908, or
(c) a vocational education committee, or
(d) a committee of agriculture;
the expression âmental hospital assistanceâ, when used in relation to a person, includesâ
(a) any treatment, maintenance, advice, or service given to or arranged for such person by a mental hospital authority, and
(b) any payment made to or in respect of such person by a mental hospital authority;
the expression âmental hospital authorityâ means a local administrative authority under
section 15
of this Act for a mental hospital district;
the expression âmental hospital districtâ means a district specified in the
Second Schedule
to this Act as so specified or as for the time being changed by order under this Act;
the expression âmental institutionâ means a district mental hospital or other institution maintained by a mental hospital authority, a private institution, a private charitable institution, an authorised institution, or an approved institution;
the expression âthe Ministerâ means the Minister for Local Government and Public Health;
the expression âperson in chargeâ has the meaning given to it by
section 4
of this Act;
the word âprescribedâ means prescribed by regulations made by the Minister under this Act;
the expression âprivate charitable institutionâ means an institution for the care of persons of unsound mind which is supported wholly or in part by voluntary contributions and which is not kept for profit by any private individual, not beingâ
(a) a district mental hospital or other institution maintained by a mental hospital authority, or
(b) an authorised institution;
the expression âprivate institutionâ means an institution or premises in which one or more than one person of unsound mind is or are taken care of for profit, not beingâ
(a) a district mental hospital or other institution maintained by a mental hospital authority,
(b) a private charitable institution, or
(c) an authorised institution;
the expression âprivate patientâ means a patient other than a chargeable patient;
the expression âprivate patient reception orderâ means a private patient reception order under
Chapter II
of
Part XIV
of this Act;
the expression âpublic assistance authorityâ means a public assistance authority under the
Public Assistance Act, 1939
(No. 27 of 1939);
the expression âpublic assistance districtâ means a public assistance district under the
Public Assistance Act, 1939
(No. 27 of 1939);
the expression âreception orderâ means a chargeable patient reception order, a private patient reception order, a temporary chargeable patient reception order, or a temporary private patient reception order;
the expression ârecommendation for receptionâ means a recommendation for reception under
Chapter I
of
Part XIV
of this Act;
the word ârelativeâ meansâ
(a) a lineal ancestor, or
(b) a lineal descendant, or
(c) a lineal descendant of an ancestor not more remote than a great-grandfather or great-grandmother;
the expression âresident medical superintendentâ means a chief medical officer under
section 94
of this Act for-a district mental hospital;
the expression âtemporary patientâ means a patient eitherâ
(a) who isâ
(i) suffering from mental illness, and
(ii) is believed to require, for his recovery, not more than six months suitable treatment, and
(iii) is unfit on account of his mental state for treatment as a voluntary patient, or
(b) who isâ
(i) an addict, and
(ii) is believed to require, for his recovery, at least six months preventive and curative treatment;
the expression âtemporary chargeable patient reception orderâ means a temporary chargeable patient reception order under
Chapter III
of
Part XIV
of this Act;
the expression âtemporary private patient reception orderâ means a temporary private patient reception order under
Chapter III
of
Part XIV
of this Act;
the expression âvisiting committee of an auxiliary mental hospitalâ means a committee appointed under
section 97
of this Act to visit an auxiliary mental hospital;
the expression âvisiting committee of a district mental hospitalâ means a committee appointed under
section 96
of this Act to visit a district mental hospital and the other institutions and accommodation maintained by a mental hospital authority;
the expression âvoluntary patientâ means a person who, acting by himself or, in the case of a person less than sixteen years of age, by his parent or guardian, submits himself voluntarily for treatment for illness of a mental or kindred nature.
Person in charge.
4.âIn this Act, the expression âperson in chargeâ meansâ
(a) in relation to a district mental hospitalâthe resident medical superintendent of the hospital,
(b) in relation to any other institution maintained by a mental hospital authorityâthe medical officer of the institution,
(c) in relation to a private institution for the reception of more than one patient, a private charitable institution, an authorised institution, or an approved institution (not being a district mental hospital or other institution maintained by a mental hospital authority)âthe person for the time being managing the institution.
(d) in relation to a private institution for the reception of one patient onlyâthe person in whose charge the patient is for the time being.
Authorised medical officer.
5.â(1) In this Act, the expression âthe authorised medical officerâ, when used with respect to a person to whom an application under this Act relates, meansâ
(a) if the person ordinarily resides in a dispensary district for which there is one medical officer only, eitherâ
(i) if that medical officer is not disqualified in relation to the personâthat medical officer, or
(ii) if that medical officer is disqualified in relation to the personâthe nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person,
(b) if the person ordinarily resides in a dispensary district for which there are more medical officers than one, eitherâ
(i) the nearest available of such of those medical officers as are not disqualified in relation to the person, or
(ii) in case none of those medical officers is available or all of them are disqualified in relation to the person, or some are not available and the remainder are disqualified in relation to the personâthe nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person.
(2) A medical officer for a dispensary district shall, for the purposes of sub-section (1) of this section, be disqualified in relation to a personâ
(a) if such officer is interested in the payments (if any) to be made on account of the taking care of the person, or
(b) if such officer is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, stepdaughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person.
Place of ordinary residence of person of no fixed residence.
6.âFor the purposes of this Act, a person of no fixed residence shall be regarded as being ordinarily resident at the place where he is for the time being.
Applicant for reception order in case of private patient.
7.âIn this Act, any reference to the applicant for a reception order shall, in the case of a private patient on account of whom payments are made, be construed as a reference to the person who made the last payment on account of the patient.
Regulations.
8.âThe Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed or as being the subject of regulations, but no such regulation which includes provision in respect of a payment to be made to or by the Minister shall be made without the consent of the Minister for Finance.
Collection and disposal of moneys payable to the Minister.
9.â(1) All moneys payable under this Act to the Minister shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable under this Act to the Minister.
Expenses of the Minister.
10.âThe expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
11.â(1) The enactments mentioned in the
First Schedule
to this Act are hereby repealed to the extent specified in the third column of that schedule.
(2) The repeal by this section of the
Asylum Officers' Superannuation Act, 1909
, shall be subject to the following qualifications:â
(a) the said Act shall continue to have effect so far as may be necessary for the purposes of paragraph (b) of sub-section (1) and paragraph (b) of sub-section (2) of
section 64
of this Act;
(b) the repeal shall not affect the payment of any super-annuation allowance granted before the repeal comes into operation.
PART II.
The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.
The Inspector of Mental Hospitals.
12.â(1) There shall be an inspector of mental institutions for the purposes of this Act and such inspector shall be known and is in this Act referred to as the Inspector of Mental Hospitals.
(2) The Minister shall from time to time appoint a registered medical practitioner to be the Inspector of Mental Hospitals.
(3) Where any person held, immediately before the commencement of this Part of this Act, the office of inspector of lunatics under the law then in force, such person shall be deemed to have been appointed by the Minister immediately upon the commencement of this Part of this Act to be the Inspector of Mental Hospitals.
(4) The Minister may appoint any of his medical inspectors to act as substitute for the Inspector of Mental Hospitals during any particular period or for any particular purpose and, during that period or for that purpose (as the case may be), the person so appointed shall be regarded as being the Inspector of Mental Hospitals and every reference in this Act to the Inspector of Mental Hospitals shall be construed accordingly.
Assistant inspectors of mental hospitals.
13.â(1) The Minister, with the consent of the Minister for Finance, may from time to time appoint such and so many registered medical practitioners to be assistant inspectors of mental institutions for the purposes of this Act (in this Act referred to as assistant inspectors of mental hospitals) as he thinks proper.
(2) The Inspector of Mental Hospitals may act by any assistant inspector of mental hospitals, and accordingly an assistant inspector of mental hospitals shall have all the powers for the time being conferred by law on the Inspector of Mental Hospitals, and any reference in any enactment (including this Act) to the Inspector of Mental Hospitals shall, unless the contrary intention appears, be construed as including a reference to any assistant inspector of mental hospitals.
PART III.
Mental Hospital Districts and Mental Hospital Authorities.
Mental hospital districts.
14.â(1) For the purposes of this Act the State shall be divided into the districts specified in the
Second Schedule
to this Act, and such districts shall be known and are in this Act referred to as mental hospital districts
(2) The Minister may by order change the area to be included in any mental hospital districts, subject to the limitation that any area so changed shall consist of an administrative county, two or more administrative counties, a county borough, a county borough and an administrative county, or a county borough and two or more administrative counties.
(3) The Minister may include in an order under sub-section (2) of this section such consequential and ancillary provisions as he thinks proper, including, in particular, provisions relating toâ
(a) the transfer or retention of property or liabilities,
(b) the payment, on account of any such transfer or retention, of money, either in one sum or by instalments,
(c) the transfer of officers or servants,
(d) the transfer of patients.
Mental hospital authorities.
15.âThere shall be a local administrative authority for each mental hospital district and such authority shall beâ
(a) where the mental hospital district consists of an administrative countyâthe council of the county, and
(b) where the mental hospital district consists of a county boroughâthe corporation of the county borough, and
(c) in any other caseâa board appointed jointly in accordance with
section 16
of this Act.
Appointment of joint board, etc.
16.âA joint board shall be appointed in accordance with the provisions in that behalf of the Rules contained in the
Third Schedule
to this Act and the other provisions of those Rules shall also have effect in relation to a joint board.
General provisions relating to joint board.
17.âThe following provisions shall have effect in relation to a joint board
(a) the board shall be a body corporate with perpetual succession by the name given to them by order of the Minister,
(b) the board shall have power to sue and be sued in their corporate name,
(c) the board shall have power to hold and dispose of land,
(d) the board shall provide and have a common seal and such seal shall be authenticated by the signature of the chairman or some other member authorised to act in that behalf and the signature of an officer of the board authorised to act in that behalf,
(e) all courts of justice shall take judicial notice of the seal of the board and every document purporting to be an order or other instrument made by them and to be sealed with their seal (purporting to be authenticated in accordance with the foregoing paragraph) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown,
(f) the board shall be an elective body within the meaning and for the purposes of the County Management Acts, 1940 and 1942,
(g) the board shall for all purposes be the successors of the joint committee of management which immediately before the commencement of this Part of this Act operated under
section 9
of the
Local Government (Ireland) Act, 1898
, in respect of the relevant district and, accordingly, every reference in any statute or other enactment in force immediately before the commencement of this Part of this Act to a joint committee of management of a district mental hospital shall be deemed, where appropriate, to include a reference to the board and every reference in this Act to a joint board shall be deemed, where appropriate, to include a reference to the joint committee of which the board are the successors,
(h) the Minister may by order make such provision as he thinks proper in regard to any matters which arise in consequence of the first establishment of the board and in respect of which provision is not made by this Act.
Transfer of property to joint board, etc.
18.âThe following provisions shall have effect in relation to a joint board and the local authorities appointing the members thereof:â
(a) all property and assets (including choses-in-action) vested in or belonging to the authorities immediately before the commencement of this Part of this Act for the purposes of a hospital or other institution maintainable by the board shall, upon such commencement, become and be the property and assets of the board by virtue of this section without any conveyance, assignment, or act other than transfer (where appropriate) in the books of a bank, company, or other body;
(b) all debts and liabilities (present or future) incurred by the authorities in relation to such hospital or other institution and owing immediately before the commencement of this Part of this Act (whether then presently due or to become due certainly or contingently in future) shall upon such commencement become and be the debts and liabilities of the board and shall be discharged in due course by them;
(c) every bond, guarantee, or other security of a continuing character made or given in relation to such hospital or other institution by the authorities to another person or by any person to the authorities and in force immediately before the commencement of this Part of this Act, and every contract or agreement in writing made in relation to such hospital or other institution between the authorities and another person not fully executed and completed before the commencement of this Act, shall continue in force after such commencement but shall be construed and have effect as if the board were substituted therein for the authorities, and such security, contract, or agreement shall be enforceable by or against the board accordingly;
(d) in every action, suit, prosecution, or other proceeding in relation to such hospital or other institution which is pending at the commencement of this Part of this Act and to which the authorities are parties, the board shall, on the commencement of this Part of this Act, become and be a party in the place of the authorities and such action, suit, prosecution, or other proceeding shall be continued between the board and the other parties thereto accordingly;
(e) every person who immediately before the commencement of this Part of this Act is an officer or servant in such hospital or other institution shall upon such commencement become and be an officer or servant (as the case may require) of the board upon, subject to the provisions of this Act, the same terms and conditions as those upon which he held office or employment immediately before such commencement;
(f) all moneys raised in relation to such hospital or other institution by any of the authorities before the commencement of this Part of this Act may be levied after such commencement as if this Act had not been passed and shall be paid to the board for the purposes of their functions under this Act.
PART IV.
General Duty of Mental Hospital Authority to Provide Treatment, Maintenance, Advice and Services.
General duty of mental hospital authority to provide treatment, maintenance, advice and services.
19.âWhereâ
(a) a person is ordinarily resident in a mental hospital district, and
(b) such person requires, by reason of mental illness, any treatment, maintenance, advice or service, and
(c) such person (with the persons, if any, liable to maintain him) is unable to provide the whole of the cost of such treatment, maintenance, advice or service,
the mental hospital authority for such mental hospital district shall, subject to the provisions of this Act, provide such treatment, maintenance, advice or service for such person.
PART V.
Institutions to be Provided and Maintained by Mental Hospital Authorities.
General duty to provide accommodation.
20.â(1) A mental hospital authority shall provide and maintain proper and sufficient accommodation for carrying out their functions under this Act.
(2) Where the Minister is of opinion that a mental hospital authority have failed in any respect to perform their duties under sub-section (1) of this section, he may by order require them to remedy their failure within the time and in the manner (if any) specified in the order, and it shall be the duty of the authority to comply with the order.
District mental hospital.
21.âA mental hospital authority shall provide and maintain a mental hospital for their mental hospital district.
Auxiliary mental hospital.
22.â(1) A mental hospital authority may, and shall, if so directed by the Minister, provide and maintain a mental hospital, auxiliary to their district mental hospital, for the reception of patients who, not being dangerous to themselves or others, are certified by the resident medical superintendent of such district mental hospital not to require special care and treatment in a fully equipped mental hospital.
(2) An auxiliary mental hospital shall be either a separate hospital or, if the Minister so directs, a part of the relevant district mental hospital.
Accommodation for temporary and voluntary patients.
23.âThe Minister may by order require a mental hospital authority to provide within a specified time specified accommodation for temporary and voluntary patients and it shall be the duty of the authority to comply with the order.
Consulting rooms and clinics.
24.â(1) A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain, either in their district mental hospital or elsewhere, consulting rooms or clinics for affording advice and preventive and curative treatment in cases of mental disorder (including cases of suspected or incipient mental disorder) and for the investigation of such cases.
(2) Where the Minister gives a direction under sub-section (1) of this section, he may specify in the direction the place or places at which any consulting rooms or clinics mentioned in the direction are to be provided and it shall be the duty of the mental hospital authority to whom the direction is given to provide such consulting rooms or clinics at such place or places.
(3) Where a mental hospital authority propose to provide under this section consulting rooms or clinics (whether of their own motion or in compliance with a direction of the Minister), they may, with the consent of the Minister, arrange, in lieu of providing such consulting rooms or clinics, that accommodation at any mental institution or any hospital, clinic, dispensary or health centre will be available for use as such consulting rooms or clinics.
(4) Where a consulting room or clinic is provided under this section by a mental hospital authority, the authority may allow persons to attend at the consulting room or clinic as private patients and may charge for such attendances fees in accordance with a scale approved of by the Minister.
Laboratory.
25.â(1) A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain a laboratory for research in connection with mental and nervous diseases.
(2) A mental hospital authority by whom a laboratory is maintained under this section may permit the services afforded by the laboratory to be available for a mental institution not maintained by such authority and may make such charge as they consider reasonable where any service is availed of under such permission.
Additional institutions and accommodation.
26.âIn addition to the institutions and accommodation specifically mentioned in this Part of this Act, a mental hospital authority shall provide and maintain such other institutions and accommodation in connection with the discharge of their functions under this Act as the Minister from time to time directs and shall provide such institutions and accommodation at the places specified by the Minister.
Certain institutions to be deemed to be provided under this Part of this Act.
27.âEvery institution which immediately before the commencement of this Part of this Act was an institution provided under
section 9
or
section 76
(both repealed by this Act) of the
Local Government (Ireland) Act, 1898
, shall, immediately upon such commencement, be deemed to be provided under this Part of this Act by the mental hospital authority for the mental hospital district in which the institution is situated and shall be maintained by that authority accordingly.
General duty to carry on in a proper manner institutions and accommodation maintained by mental hospital authority.
28.âIt shall be the duty of a mental hospital authority to carry on in a proper manner their district mental hospital and all other institutions and accommodation maintained by them under this Part of this Act.
Residences for staff.
29.âA mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain in connection with any institution maintained by them suitable residences or residential accommodation for members of the staff of the institution.
Burial place.
30.âA mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, provide and maintain a burial place for the burial of the remains of patients who die while being maintained by the authority.
Enlargement of institution maintained by mental hospital authority, etc.
31.âA mental hospital authority shall, as and when the Minister by order so directs,â
(a) enlarge, alter, or restore in accordance with the order any institution maintained by the authority,
(b) provide in accordance with the order new, improved, or additional drainage, ventilation, water supply, lighting, heating, or any other service for any such institution,
(c) provide and maintain in any such institution all such fixtures, fittings, furniture, surgical and medical appliances, and other conveniences as are specified in the order.
Contribution to cost of public water supply.
32.âA mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of a public water supply for the purpose of enabling them to obtain a supply of water for any institution maintained by them.
Contribution to cost of public sewerage scheme.
33.âA mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of a public sewerage scheme for the purpose of enabling them to obtain disposal of sewage from any institution maintained by them.
Contributions to cost of providing clinic, dispensary or health centre.
34.âA mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of providing a clinic, dispensary or health centre in which the authority (whether of their own motion or in compliance with a direction of the Minister) propose to arrange under
section 24
of this Act that accommodation will be available as a consulting room or clinic.
Restriction on erecting institution to be maintained by mental hospital authority, etc.
35.âA proposal for the erection at a cost exceeding five hundred pounds of an institution to be maintained by a mental hospital authority or for the restoration, enlargement, or other alteration at such a cost of an institution maintained by a mental hospital authority shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.
Restriction on erecting buildings attached to institution maintained by mental hospital authority, etc.
36.âA proposal for the erection at a cost exceeding five hundred pounds of buildings intended to be attached or used for the purposes of an institution maintained by a mental hospital authority or for the restoration, enlargement, or other alteration at such a cost of buildings attached to or used for the purposes of such institution shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.
Restriction on repairs, etc.
37.âA proposal for the repair or reconditioning at a cost exceeding five hundred pounds of buildings attached to or used for the purpose of an institution maintained by a mental hospital authority shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.
Provision by two or more mental hospital authorities jointly of institution.
38.â(1) Two or more mental hospital authorities may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain jointly an institution for any class of patients, not being persons dangerous to themselves or others.
(2) Where an institution is to be provided under this section, the Minister shall make the appropriate order under this Act setting up a joint authority through whom the institution shall be managed.
(3) Where an institution is provided under this section, each of the mental hospital authorities concerned may remove to the institution any patient maintained by them, not being a person dangerous to himself or others.
Provision by two or more mental hospital authorities jointly of laboratory.
39.â(1) Two or more mental hospital authorities may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain jointly a laboratory for research in connection with mental and nervous diseases.
(2) Where a laboratory is to be provided under this section, the Minister shall make the appropriate order under this Act setting up a joint authority through whom the laboratory shall be managed.
(3) A joint authority through whom a laboratory is managed under this section on behalf of any mental hospital authorities may permit the services afforded by the laboratory to be available for a mental institution not maintained by any of those authorities and may make such charge as they consider reasonable where any service is availed of under such permission.
General regulations in relation to institutions maintained by mental hospital authorities.
40.âThe Minister may make general regulations governing, subject to the provisions of this Act, the carrying on of district mental hospitals, auxiliary mental hospitals and other institutions maintained by mental hospital authorities and the admission to, detention in, transfer between, and discharge from such hospitals and institutions of patients, and it shall be the duty of every mental hospital authority to comply with such regulations.
Special regulations in relation to particular institution maintained by a mental hospital authority.
41.â(1) A mental hospital authority may, with the consent of the Minister, make special regulations governing, subject to the provisions of this Act and of any general regulations made under
section 40
of this Act, the carrying on of any particular institution maintained by them, and it shall be the duty of the authority to comply with such regulations.
(2) The Minister may require a mental hospital authority to make under this section any regulation which he considers necessary for the carrying on of any particular institution maintained by them and, if the authority fail to make such regulation, it may be made by the Minister and shall have the like effect as if made by the authority.
(3) Until regulations are made under this section in relation to any particular institution, all regulations or rules in force immediately before the commencement of this Part of this Act in relation thereto under sub-section (6) of section 9 (repealed by this Act) or proviso (b) (repealed by this Act) to sub-section (2) of
section 110
of the
Local Government (Ireland) Act, 1898
shall subject to the provisions of this Act and any general regulations made under
section 40
of this Act, continue to have effect and be capable of being amended or revoked as if they were regulations made under this section.
(4) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.
Discontinuance of institution maintained by mental hospital authority.
42.â(1) The Minister, if he so thinks proper after the holding of an inquiry under this Act, may by order direct a mental hospital authority to discontinue as from a specified date any specified institution, not being a district mental hospital, for the time being maintained by them and may include in the order all such provisions as appear to him to be necessary and proper in relation to matters incidental to or consequential on the discontinuance of such institution.
(2) It shall be the duty of the mental hospital authority to whom an order under this section relates to comply with such order.
PART VI.
Financial Provisions Relating to Mental Hospital Authorities.
Expenses of mental hospital authorities.
43.â(1) Where a mental hospital district consists of an administrative county, the expenses incurred by the mental hospital authority for the district shall be defrayed by that authority and shall be raised by means of the poor rate equally over the whole of such county.
(2) Where a mental hospital district consists of a county borough, the expenses incurred by the mental hospital authority for the district shall be defrayed by that authority.
(3) Where a mental hospital district consists of two or more administrative counties, the sum required to defray the expenses incurred by the mental hospital authority for the district during every year ending on the 31st day of March shall be supplied by the councils of the counties severally in proportion to the net cost of maintenance, determined by the prescribed method, of the chargeable patients from their respective functional areas maintained by the mental hospital authority during such year, and the proportionate part of that sum of each such council of a county shall be raised by means of the poor rate equally over the whole of the county.
(4) Where a mental hospital district consists of a county borough and one or more administrative counties, the sum required to defray the expenses incurred by the mental hospital authority for the district during every year ending on the 31st day of March shall be supplied by the corporation of such borough and the council of such county or the councils of such counties severally in proportion to the net cost of maintenance, determined by the prescribed method, of the chargeable patients from their respective functional areas maintained by the mental hospital authority during such year, and the proportionate part of that âŠ
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.