Mental Treatment Act, 1945

Mental Treatment Act, 1945 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1945 Mental Treatment Act, 1945 Mental Treatment Act, 1945 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 19 of 1945.

MENTAL TREATMENT ACT, 1945.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title.

Section 2

Commencement.

Section 3

Definitions.

Section 4

Person in charge.

Section 5

Authorised medical officer.

Section 6

Place of ordinary residence of person of no fixed residence.

Section 7

Applicant for reception order in case of private patient.

Section 8

Regulations.

Section 9

Collection' and disposal of moneys payable to the Minister.

Section 10

Expenses of the Minister.

Section 11

Repeals.

PART II.

The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.

Section 12

The Inspector of Mental Hospitals.

Section 13

Assistant inspectors of mental hospitals.

PART III.

Mental Hospital Districts And Mental Hospital Authorities.

Section 14

Mental hospital districts.

Section 15

Mental hospital authorities.

Section 16

Appointment of joint board, etc.

Section 17

General provisions relating to joint board.

Section 18

Transfer of property to joint board, etc.

PART IV.

General Duty of Mental Hospital Authority to Provide Treatment, Maintenance, Advice and Services.

Section 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.

Section 20

General duty to provide accommodation.

Section 21

District mental hospital.

Section 22

Auxiliary mental hospital.

Section 23

Accommodation for temporary and voluntary patients.

Section 24

Consulting rooms and clinics.

Section 25

Laboratory.

Section 26

Additional institutions and accommodation.

Section 27

Certain institutions to be deemed to be provided under this Part of this Act.

Section 28

General duty to carry on in a proper manner institutions and accommodation maintained by mental hospital authority.

Section 29

Residences for staff.

Section 30

Burial place.

Section 31

Enlargement of institution maintained by mental hospital authority, etc.

Section 32

Contribution to cost of public water supply.

Section 33

Contribution to cost of public sewerage scheme.

Section 34

Contributions to cost of providing clinic, dispensary or health centre.

Section 35

Restriction on erecting institution to be maintained by mental hospital authority, etc.

Section 36

Restriction on erecting buildings attached to institution maintained by mental hospital authority, etc.

Section 37

Restriction on repairs, etc.

Section 38

Provision by two or more mental hospital authorities jointly of institution.

Section 39

Provision by two or more mental hospital authorities jointly of laboratory.

Section 40

General regulations in relation to institutions maintained by mental hospital authorities.

Section 41

Special regulations in relation to particular institution maintained by a mental hospital authority.

Section 42

Discontinuance of institution maintained by mental hospital authority.

PART VI.

Financial Provisions Relating to Mental Hospital Authorities.

Section 43

Expenses of mental hospital authorities.

Section 44

Borrowing.

Section 45

Limit on borrowing.

Section 46

Treasurer of joint board.

Section 47

Amounts received by joint board.

Section 48

Amounts paid by joint board.

Section 49

Audit of accounts of joint board.

PART VII.

Acquisition and Disposal of Land By Mental Hospital Authorities.

Section 50

Definitions for purposes of Part VII.

Section 51

Powers of mental hospital authority to acquire land.

Section 52

Incorporation of Lands Clauses Acts.

Section 53

Power of mental hospital authority-to inspect land.

Section 54

Making of compulsory acquisition order.

Section 55

Notices, etc., of making of compulsory acquisition order.

Section 56

Confirmation of compulsory acquisition order.

Section 57

Notices, etc., of confirmation of compulsory acquisition order.

Section 58

Annulment of compulsory acquisition order by the High Court.

Section 59

Commencement of compulsory acquisition order.

Section 60

Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.

Section 61

Appropriation of surplus land to other purposes.

Section 62

Disposal of surplus land.

PART VIII.

Superannuation, Etc., of Officers and Servants of Mental Hospital Authorities.

Section 63

Definitions for purposes of Part VIII.

Section 64

Non-application of Part VIII in certain cases.

Section 65

Register of certain officers and servants.

Section 66

Superannuation of registered officers and servants.

Section 67

Pensions, etc., to registered officers and servants on being incapacitated.

Section 68

Superannuation of officers and servants who are not registered.

Section 69

Pensions, etc., to officers and servants who are not registered on being incapacitated.

Section 70

Payment where officer or servant dies.

Section 71

Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.

Section 72

Pension, etc., in certain special cases.

Section 73

Reduction of allowance in certain cases.

Section 74

Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.

Section 75

Ascertainment of continuation of incapacity.

Section 76

Marriage gratuities.

Section 77

Allowances to widows in certain cases.

Section 78

Allowance in respect of children in certain cases.

Section 79

Limit on allowances and lump sums.

Section 80

Payment, of certain deficiencies.

Section 81

Forfeiture of allowance in case of grave misconduct.

Section 82

Reckoning of service.

Section 83

Abatement of allowance on appointment of recipient.

Section 84

Reduction of certain allowances.

Section 85

Contributions.

Section 86

Return of contributions.

Section 87

Assignment of pensions, etc.

Section 88

Officer or servant becoming Civil Servant.

Section 89

Civil Servant becoming officer or servant.

Section 90

Contributions in case of service with more than one mental hospital authority.

Section 91

Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.

Section 92

Appeal to the Minister.

Section 93

Age limit.

PART IX.

Miscellaneous Provisions Relating to Mental Hospital Authorities.

Section 94

Resident medical superintendent.

Section 95

Committees of mental hospital authorities.

Section 96

Visiting committee of district mental hospital.

Section 97

Visiting committee of auxiliary mental hospital.

Section 98

Joint administration of mental hospital districts.

Section 99

Reception of minutes of proceedings at meeting of joint board as evidence, etc.

Section 100

Joint board as local authority for purposes of certain Acts.

Section 101

Arrangement for maintenance in institution not maintained by relevant mental hospital authority.

Section 102

Arrangement for treatment in approved institutions.

Section 103

Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.

Section 104

Religious services and chaplains in institutions maintained by mental hospital authority.

Section 105

Regulations as to contracts by mental hospital authorities.

Section 106

Contributions to associations and societies for prevention and treatment of mental disease.

Section 107

Burials.

Section 108

Transfer of patient to proper district mental hospital, etc.

Section 109

Admission of persons as private patients to mental institution maintained by mental hospital authority.

Section 110

Regulations for guidance and control of mental hospital authorities and their officers.

PART X.

Private Institutions.

Section 111

Definitions for purposes of Part X.

Section 112

Register of private institutions.

Section 113

Obligation to register private institution.

Section 114

Exceptions from obligation to register private institution.

Section 115

Application for registration or renewal of registration of private institution.

Section 116

Duration of registration of private institution.

Section 117

Certificate of registration or renewal of registration of private institution.

Section 118

Refusal of registration or renewal of registration of private institution and removal from register of private institution.

Section 119

Grounds for refusal of registration of private institution.

Section 120

Grounds for refusing renewal of registration of private institution.

Section 121

Grounds for removal of private institution from register.

Section 122

Continuation of certain powers after removal of private institution from register or after registration not being renewed.

Section 123

Disqualification from being member of governing body of private institution.

Section 124

Provisions consequent upon transfer, etc., of private institution.

Section 125

Striking out or correction of registration of private institution.

Section 126

Addition to or alteration of premises of private institution.

Section 127

Keeping of plans of premises of private institution available for inspection.

Section 128

Restriction on number of patients in private institution.

Section 129

Visitation of private institution where two or more patients are kept.

Section 130

Visitation of sole patient in private institution.

Section 131

Register of patients in private institution.

Section 132

Regulations governing carrying on of private institution, etc.

PART XI.

Private Charitable Institutions.

Section 133

Definitions for purposes of Part XI.

Section 134

Register of private charitable institutions.

Section 135

Obligation to register private charitable institution.

Section 136

Exceptions from obligation to register private charitable institution.

Section 137

Application for registration or renewal of registration of private charitable institution.

Section 138

Duration of registration of private charitable institution.

Section 139

Certificate of registration or renewal of registration of private charitable institution.

Section 140

Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.

Section 141

Grounds for refusal of registration of private charitable institution.

Section 142

Grounds for refusing renewal of registration of private charitable institution.

Section 143

Grounds for removal of private charitable institution from register.

Section 144

Continuation of certain powers after removal of private charitable institution from register or after registration not being renewed.

Section 145

Disqualification from being member of governing body of private charitable institution.

Section 146

Provisions consequent upon transfer, etc., of private charitable institution.

Section 147

Striking out or correction of registration of private charitable institution.

Section 148

Addition to or alteration of premises of private charitable institution.

Section 149

Keeping of plans of premises of private charitable institution available for inspection.

Section 150

Restriction on number of patients in private charitable institution.

Section 151

Visitation of private charitable institution.

Section 152

Register of patients in private charitable institution.

Section 153

Regulations governing carrying on of private charitable institutions, etc.

Section 154

Abstract of accounts.

PART XII.

Authorised Institutions.

Section 155

Register of patients in authorised institution.

Section 156

Requisition to remedy defects.

Section 157

Requisition not to use authorised institution for taking care of persons of unsound mind.

PART XIII.

Approved Institutions.

Section 158

Approval by order of the Minister.

Section 159

Restriction on reception of persons as temporary and voluntary patients.

Section 160

Register of patients in approved institution.

Section 161

Regulations governing carrying on of approved institutions.

PART XIV.

Reception Orders.

Chapter I.

Chargeable Patient Reception Orders.

Section 162

Application for recommendation for reception.

Section 163

Making of recommendation for reception.

Section 164

Disclosure of previous application for recommendation for reception.

Section 165

Removal to Gárda Síochána station of person believed to be of unsound mind and requiring control, etc.

Section 166

Person believed to be of unsound mind not under proper care, etc.

Section 167

Effect of recommendation for reception.

Section 168

Co-operation in removal upon making of recommendation for reception.

Section 169

Certificate by authorised medical officer making recommendation for reception that escort is necessary, etc.

Section 170

Payment of cost of conveyance upon making of recommendation for reception.

Section 171

Chargeable patient reception order.

Section 172

Effect of chargeable patient reception order.

Section 173

Statement of reasons for refusal of chargeable patient reception order.

Section 174

Amendment of recommendation for reception or chargeable patient reception order.

Section 175

Expenses of Gárda Síochána under Chapter I of Part XIV.

Section 176

Cases of urgency, etc.

Chapter II.

Private Patient Reception Orders.

Section 177

Application for private patient reception order.

Section 178

Making of private patient reception order.

Section 179

Restriction on receptions under private patient reception orders.

Section 180

Disclosure of previous application for private patient reception order.

Section 181

Effect of private patient reception order.

Section 182

Amendment of private patient reception order.

Section 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.

Section 184

Application for and making of temporary chargeable patient reception order.

Section 185

Application for and making of temporary private patient reception order.

Section 186

Effect of temporary chargeable patient reception order or temporary private patient reception order.

Section 187

Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.

Section 188

Co-operation in removal upon making of temporary chargeable patient reception order.

Section 189

Extension of period of detention of temporary patient.

PART XV.

Reception of Persons into Approved Institutions as Voluntary Patients.

Section 190

Application for reception as voluntary patient and as chargeable patient.

Section 191

Application for reception as voluntary patient and as private patient.

Section 192

Reception and treatment of voluntary patient.

Section 193

Payment of cost of conveyance of voluntary patient receivable as chargeable patient.

Section 194

Notice by voluntary patient that he wishes to leave approved institution.

Section 195

Voluntary patient becoming mentally incapable of expressing wishes.

Section 196

Voluntary patient under 16 years of age ceasing to have parent or guardian.

Section 197

Notice of reception, departure, or death of voluntary patient.

Section 198

Register of voluntary patients.

PART XVI.

Persons Detained Under Reception Orders.

Section 199

Giving of copy of reception order to Minister.

Section 200

Register of persons received into mental institutions under reception orders.

Section 201

Report to Minister on expiration of twenty-one days after reception under reception order.

Section 202

Notice to the Minister of escape, etc.

Section 203

Absence on trial.

Section 204

Absence on parole.

Section 205

Transfer by mental hospital authority to another institution maintained by them.

Section 206

Transfer to different district mental hospital.

Section 207

Transfer to Dundrum Central Criminal Lunatic Asylum.

Section 208

Removal for special treatment.

Section 209

Boarding-out.

Section 210

Provisions applicable where chargeable patient is boarded-out.

Section 211

Provisions applicable where private patient is boarded-out.

Section 212

Arrangement for maintenance.

Section 213

Transfer from mental institution not maintained by mental hospital authority.

Section 214

Transfer on application of applicant for reception order.

Section 215

Discharge of person detained as private patient on direction.

Section 216

Person detained becoming desirous of being received as voluntary patient.

Section 217

Notice of recovery of person detained as private patient.

Section 218

Notice of recovery of person detained as chargeable patient.

Section 219

Discharge of person detained as chargeable patient where no relative known.

Section 220

Application by relative or friend of person detained as chargeable patient to take care of such person.

Section 221

Certificate that person proposed to be discharged is unfit therefor.

Section 222

Order for examination of patient.

Section 223

Visiting of person discharged after detention as chargeable patient.

Section 224

Sending of person who is detained as chargeable patient and who is eligible for public assistance to district institution on discharge.

Section 225

Making available of case books to mental hospital authority.

Section 226

Examination of person detained as temporary patient by Inspector of Mental Hospitals.

Section 227

Direction to discharge person detained as temporary patient, etc.

Section 228

Direction to give copy of order and medical certificate to temporary patient.

Section 229

Retaking on escape.

PART XVII.

Recovery of Cost of Maintenance and Treatment in District Mental Hospitals.

Section 230

Liability to maintain relations.

Section 231

Particulars for determining if person is a chargeable patient.

Section 232

Liability to contribute to cost of mental hospital assistance.

Section 233

Liability to repay cost of mental hospital assistance.

Section 234

Appropriation of property.

PART XVIII.

Powers and Duties of the Inspector of Mental Hospitals.

Section 235

General power of inspection of mental institutions by Inspector of Mental Hospitals.

Section 236

Periodical inspection of mental institutions by Inspector of Mental Hospitals.

Section 237

Duties of Inspector of Mental Hospitals when making inspection.

Section 238

Special attention where propriety of detention is doubtful.

Section 239

Further consideration of detention of patient in institution maintained by mental hospital authority.

Section 240

Further consideration of detention of patient in institution not maintained by mental hospital authority.

Section 241

Order by President of High Court for visit and examination of person detained as person of unsound mind.

Section 242

Examination on oath.

Section 243

Report to the Minister.

Section 244

Production of list of patients, etc.

Section 245

Facilities for inspection.

Section 246

Assistance by medical practitioner or resident medical superintendent in making visit to mental institution.

Section 247

Annual report on mental institutions.

Section 248

Inspection of Dundrum Central Criminal Lunatic Asylum.

PART XIX.

Miscellaneous.

Section 249

General penalty.

Section 250

Reception and detention otherwise than under this Act.

Section 251

Concealment of patient, etc.

Section 252

Direction not to supply intoxicants or narcotics to patient.

Section 253

Ill-treatment or neglect.

Section 254

Increase of penalty for misdemeanour under section 4 of Criminal Law Amendment Act 1935, in certain cases.

Section 255

Misstatement in application for reception order, etc.

Section 256

Effect on reception order of change of place of detention.

Section 257

Prohibition on compelling patient to attend religious service not of his religion.

Section 258

Delivery to Minister of certain contracts, etc.

Section 259

Time limit on certain proceedings.

Section 260

Leave of the High Court for certain proceedings.

Section 261

Lodging of person not of unsound mind in mental institution.

Section 262

Application of this Act to existing patients.

Section 263

Mechanical means of bodily restraint.

Section 264

Application of mechanical means of bodily restraint in mental institutions.

Section 265

Restriction on employment of male persons.

Section 266

Forwarding of certain letters of patients.

Section 267

Notices as to right to have letters forwarded.

Section 268

Report to coroner on death of patient.

Section 269

Order directing admission of person to visit patient.

Section 270

Saver for certain rights, etc.

Section 271

Application by discharged patient for copy of reception order.

Section 272

Report of certain matters to Minister.

Section 273

Retirement, relinquishment of his commission, or discharge of member of Defence Forces who is of unsound mind.

Section 274

Fee for authorised medical officer carrying out medical examination.

Section 275

Nomination of person to take place of applicant for a reception order.

Section 276

Assistance by counsel in making visit or investigation under this Act.

Section 277

Inquiries.

Section 278

Taking of evidence at inquiries on oath.

Section 279

Penalty for obstruction of Inspector of Mental Hospitals, etc.

Section 280

Laying of orders and regulations before Oireachtas.

Section 281

Adaptation of existing enactments.

Section 282

Giving of notices under this Act.

Section 283

Saving of powers of Judges of the High Court and of Judges of the Circuit Court.

Section 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:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Mental Treatment Act, 1945.

Commencement.

2.—This 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.—In this Act— the word “addict” means a person who— (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 “the appropriate assistance officer” means— (a) when used in relation to a person boarded out under this Act—the assistance officer for the assistance officer's district in which the person is boarded-out, and (b) when used in relation to any other person—the assistance officer for the assistance officer's district in which the person ordinarily resides; the expression “approved institution” means an institution or premises approved of by order of the Minister under section 158 of this Act; the expression “assistance officer” 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 “assistance officer's district” means the district within which the duties of an assistance officer are to be performed; the expression “assistant inspector of mental hospitals” means an assistant inspector of mental hospitals appointed under section 13 of this Act; the expression “authorised institution” 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 “authorised medical officer” has the meaning given to it by section 5 of this Act; the expression “auxiliary mental hospital” means a mental hospital provided under section 22 of this Act by a mental hospital authority; the expression “chargeable patient” 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 “chargeable patient reception order”means a chargeable patient reception order under

Chapter I

of

Part XIV

of this Act; the expression “district mental hospital” means a mental hospital provided under section 21 of this Act by a mental hospital authority; the expression “the Dundrum Central Criminal Lunatic Asylum” means the central criminal lunatic asylum established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act, 1845 ; the expression “the Inspector of Mental Hospitals” 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 “joint authority” means an authority set up by order under section 98 of this Act, the expression “joint board” means a board appointed jointly in pursuance of section 15 of this Act; the expression “local authority” means— (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 “mental hospital assistance”, when used in relation to a person, includes— (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 “mental hospital authority” means a local administrative authority under section 15 of this Act for a mental hospital district; the expression “mental hospital district” 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 “mental institution” 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 “the Minister” means the Minister for Local Government and Public Health; the expression “person in charge” has the meaning given to it by section 4 of this Act; the word “prescribed” means prescribed by regulations made by the Minister under this Act; the expression “private charitable institution” 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 being—

(a) a district mental hospital or other institution maintained by a mental hospital authority, or (b) an authorised institution; the expression “private institution” 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 being— (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 “private patient” means a patient other than a chargeable patient; the expression “private patient reception order” means a private patient reception order under

Chapter II

of

Part XIV

of this Act; the expression “public assistance authority” means a public assistance authority under the Public Assistance Act, 1939 (No. 27 of 1939); the expression “public assistance district” means a public assistance district under the Public Assistance Act, 1939 (No. 27 of 1939); the expression “reception order” 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 “recommendation for reception” means a recommendation for reception under

Chapter I

of

Part XIV

of this Act; the word “relative” means— (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 “resident medical superintendent” means a chief medical officer under section 94 of this Act for-a district mental hospital; the expression “temporary patient” means a patient either— (a) who is— (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 is— (i) an addict, and (ii) is believed to require, for his recovery, at least six months preventive and curative treatment; the expression “temporary chargeable patient reception order” means a temporary chargeable patient reception order under

Chapter III

of

Part XIV

of this Act; the expression “temporary private patient reception order” means a temporary private patient reception order under

Chapter III

of

Part XIV

of this Act; the expression “visiting committee of an auxiliary mental hospital” means a committee appointed under section 97 of this Act to visit an auxiliary mental hospital; the expression “visiting committee of a district mental hospital” 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 “voluntary patient” 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.—In this Act, the expression “person in charge” means— (a) in relation to a district mental hospital—the resident medical superintendent of the hospital, (b) in relation to any other institution maintained by a mental hospital authority—the 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)—the person for the time being managing the institution. (d) in relation to a private institution for the reception of one patient only—the person in whose charge the patient is for the time being.

Authorised medical officer.

5.—(1) In this Act, the expression “the authorised medical officer”, when used with respect to a person to whom an application under this Act relates, means— (a) if the person ordinarily resides in a dispensary district for which there is one medical officer only, either— (i) if that medical officer is not disqualified in relation to the person—that medical officer, or (ii) if that medical officer is disqualified in relation to the person—the 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, either— (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 person—the nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person.

Place of ordinary residence of person of no fixed residence.

6.—For 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.—In 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.—The 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.—(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.

Expenses of the Minister.

10.—The 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.—(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.

PART II.

The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.

The Inspector of Mental Hospitals.

12.—(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.

Assistant inspectors of mental hospitals.

13.—(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.

PART III.

Mental Hospital Districts and Mental Hospital Authorities.

Mental hospital districts.

14.—(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

Mental hospital authorities.

15.—There shall be a local administrative authority for each mental hospital district and such authority shall be— (a) where the mental hospital district consists of an administrative county—the council of the county, and (b) where the mental hospital district consists of a county borough—the corporation of the county borough, and (c) in any other case—a board appointed jointly in accordance with section 16 of this Act.

Appointment of joint board, etc.

16.—A 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.—The 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.—The following provisions shall have effect in relation to a joint board and the local authorities appointing the members thereof:— (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.—Where— (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.—(1) A mental hospital authority shall provide and maintain proper and sufficient accommodation for carrying out their functions under this Act.

District mental hospital.

21.—A mental hospital authority shall provide and maintain a mental hospital for their mental hospital district.

Auxiliary mental hospital.

22.—(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.

Accommodation for temporary and voluntary patients.

23.—The 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.—(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.

Laboratory.

25.—(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.

Additional institutions and accommodation.

26.—In 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.—Every 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.—It 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.—A 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.—A 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.—A mental hospital authority shall, as and when the Minister by order so directs,— (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.—A 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.—A 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.—A 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.—A 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.—A 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.—A 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.—(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.

Provision by two or more mental hospital authorities jointly of laboratory.

39.—(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.

General regulations in relation to institutions maintained by mental hospital authorities.

40.—The 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.—(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.

Discontinuance of institution maintained by mental hospital authority.

42.—(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.

PART VI.

Financial Provisions Relating to Mental Hospital Authorities.

Expenses of mental hospital authorities.

43.—(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.

Borrowing.

44.—(1) A mental hospital authority may borrow for the purposes of defraying any expenses incurred by them in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.

Limit on borrowing.

45.—(1) The amount standing at any particular time borrowed by a mental hospital authority which is a joint board, or by a council of a county or corporation of a county borough as a mental hospital authority, shall not exceed one-fourth of the total amount of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts in the mental hospital district of such mental hospital authority.

Treasurer of joint board.

46.—A joint board shall appoint a banking company to act as their treasurer.

Amounts received by joint board.

47.—(1) All amounts payable to a joint board shall be paid to and received by their treasurer and, when so received, shall be placed by the treasurer to the credit of the board.

Amounts paid by joint board.

48.—(1) All amounts payable by a joint board shall be paid by their treasurer.

Audit of accounts of joint board.

49.—

Section 12

and sections 14 , 15 , 17 , and 18 of the Local Government (Ireland) Act, 1871 , sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898 , sections 19 to 22 of the Local Government (Ireland) Act, 1902 , and paragraph (3) of Article 19 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall (subject to the provisions of

Part VII

of the Local Government Act, 1941 (No. 23 of 1941)) apply to the audit of the accounts of the receipts and payments of a joint board and to the auditor appointed to audit such accounts.

PART VII.

Acquisition and Disposal of Land by Mental Hospital Authorities.

Definitions for purposes of Part VII.

50.—In this Part of this Act— the word “land” includes water and any estate or interest in land or water and any easement or right in to or over land or water, the expression “compulsory acquisition order” means an order under this Part of this Act for the acquisition compulsorily of land.

Powers of mental hospital authority to acquire land.

51.—A mental hospital authority may, for the purposes of their powers and duties, acquire land either by agreement with the consent of the Minister or compulsorily under this Part of this Act and the Acts incorporated therewith.

Incorporation of Lands Clauses Acts.

52.—For the purpose of the acquisition of land under this Part of this Act by a mental hospital authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say:— (a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845 , shall not be so incorporated; (b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the mental hospital authority shall be deemed to be the promoters of the undertaking; (c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated— the expression “local authority” shall mean a mental hospital authority; the expression “confirming Act” shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act; the expression “confirming authority” shall mean the Minister; and references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act; (d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest was not reasonably necessary and was effected with a view to obtaining or increasing the compensation.

Power of mental hospital authority to inspect land.

53.—(1) An officer or agent of a mental hospital authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of nine o'clock in the forenoon and six o'clock in the afternoon for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.

Making of compulsory acquisition order.

54.—(1) Where a mental hospital authority desire to acquire compulsorily under this Part of this Act any particular land, they may make an order that such land be acquired compulsorily under this Part of this Act.

Notices, etc., of making of compulsory acquisition order.

55.—(1) Where a mental hospital authority make a compulsory acquisition order, they shall— (a) publish at least once in a newspaper circulating in their mental hospital district an advertisement in the prescribed form stating that a compulsory acquisition order has been made by them in respect of specified land and that the order and the map referred to therein may be inspected at a specified place, and (b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which the order relates a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this sub-section and also stating that any person aggrieved by the order may send to the Minister, in a specified manner and within a specified time, an objection to the order.

Confirmation of compulsory acquisition order.

56.—Where an application is made under this Part of this Act to the Minister for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with, the following provisions shall have effect:— (a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister or every such objection so made is withdrawn, the Minister may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper; (b) in any case to which paragraph (a) of this section applies, the Minister may, if he so thinks fit, before dealing with the application cause an inquiry under this Act to be held in respect of the compulsory acquisition order; (c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister and is not withdrawn, the Minister shall cause an inquiry under this Act to be held in respect of the compulsory acquisition order; (d) where an inquiry is held in pursuance of the next preceding paragraph, the Minister, having considered the report of the person by whom the inquiry was held and the objection or all the objections which occasioned the holding of the inquiry, may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper.

Notices, etc., of confirmation of compulsory acquisition order.

57.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the mental hospital authority by whom the compulsory acquisition order was made shall— (a) publish in a newspaper circulating in their mental hospital district an advertisement in the prescribed form stating that the compulsory acquisition order has been confirmed by the Minister and that a copy thereof as so confirmed and the map referred to therein may be inspected at a specified place, and (b) give to every person who appeared at the inquiry (if any) held in respect of the compulsory acquisition order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this section.

Annulment of compulsory acquisition order by the High Court.

58.—(1) A person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of the order by the Minister, apply to the High Court for the complete or the partial annulment of the order, and the High Court, if it is satisfied that the order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making the application or any other person has been substantially prejudiced by any failure to comply in relation to the order with the provisions of this Part of this Act, may, as the High Court thinks proper, annul the whole of the order or annul a part thereof.

Commencement of compulsory acquisition order.

59.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation— (a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of the order—on the final determination of that application, or (b) if no such application is so made—on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of the order by the Minister.

Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.

60.—Where land acquired by a mental hospital authority is subject in conjunction with other land to an annuity or other annual payment payable to the Irish Land Commission, or to the Commissioners of Public Works in Ireland, the said Commission or the said Commissioners (as the case may be) may apportion the annuity or other annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of the annuity or other annual payment on any part of the land subject thereto in exoneration of the residue of such land.

Appropriation of surplus land to other purposes.

61.—A mental hospital authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of their powers and duties any land vested for any purpose in them and not required for the purpose for which it was acquired.

Disposal of surplus land.

62.—(1) A mental hospital authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land acquired by them.

PART VIII.

Superannuation, etc., of Officers and Servants of Mental Hospital Authorities.

Definitions for purposes of Part VIII.

63.—(1) In this Part of this Act— the word “officer” means an officer whose duties relate to the functions of a mental hospital authority under this Act and who either— (a) devotes the whole of his time to the service of one or more than one mental hospital authority, or (b) is required by virtue of his office to be a registered medical practitioner, but the said word does not include an officer who is appointed to hold an office either— (a) for a specified period, or (b) until a specified work or duty has been completed, or (c) until the appointment of another person to hold such office, or (d) as a substitute officer; the word “servant” means a servant whose duties relate to the functions of a mental hospital authority under this Act and who devotes the whole of his time to the service of one or more than one mental hospital authority, but the said word does not include a servant who is appointed to hold a position either— (a) for a specified period, or (b) until a specified work or duty has been completed, or (c) until the appointment of another person to hold such position, or (d) as a substitute servant; the words “salary” and “wages” include emoluments, but do not include payments for overtime, travelling expenses, or any allowances paid to cover the cost of office accommodation or clerical assistance; the word “emoluments” includes all fees, poundage, and other payments paid by a mental hospital authority to any of their officers or servants as such for his own use, and also the money value of any apartments, rations, or other allowance in kind appertaining to his office or employment; the expression “the appropriate medical officer” means the resident medical superintendent of the district mental hospital maintained by the relevant mental hospital authority; the expression “the Act of 1909” means the Asylum Officers' Superannuation Act, 1909 .

64.—(1) Where a person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority was, immediately before such commencement, subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909— (a) this Part of this Act (with the exception of this sub-section) shall not apply to such person, and (b) such person shall continue to be subject to the said provisions repealed by the Act of 1909.

Register of certain officers and servants.

65.—(1) A mental hospital authority shall maintain a register of the officers and servants employed by them who have the care or charge of patients in the usual course of their employment.

Superannuation of registered officers and servants.

66.—(1) This section applies to every officer or servant of a mental hospital authority— (a) whose name is registered in the register maintained under this Part of this Act by the authority, and (b) who has been in the service of a mental hospital authority for not less than twenty years, and (c) who is not less than fifty-five years of age.

Pensions, etc., to registered officers and servants on being incapacitated.

67.—(1) This section applies to every officer or servant of a mental hospital authority— (a) whose name is registered in the register maintained under this Part of this Act by the authority, and (b) who has been in the service of a mental hospital authority for not less than ten years, and (c) who either— (i) has been in the service of a mental hospital authority for less than twenty years, or (ii) is less than fifty-five years of age.

Superannuation of officers and servants who are not registered.

68.—(1) This section applies to every officer or servant of a mental hospital authority— (a) whose name is not registered in the register maintained under this Part of this Act by the authority, and (b) who has been in the service of a mental hospital authority for not less than twenty years, and (c) who is not less than sixty years of age.

Pensions, etc., to officers and servants who are not registered on being incapacitated.

69.—(1) This section applies to every officer or servant of a mental hospital authority— (a) whose name is not registered in the register maintained under this Part of this Act by the authority, and (b) who has been in the service of a mental hospital authority for not less than ten years, and (c) who either— (i) has been in service of a mental hospital authority for less than twenty years, or (ii) is less than sixty years of age.

Payment where officer or servant dies.

70.—Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for five years or longer, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay to the legal personal representative of such officer or servant— (a) where such officer or servant would, if he had not died but had resigned at the time when his death occurred, have been entitled to receive under this Part of this Act a lump sum—such lump sum or a year's salary or wages (whichever is the greater), or (b) in any other case—a year's salary or wages.

Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.

71.—(1) Where— (a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and (b) the injury is directly attributable to the nature of his duties, and (c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and (d) he has been in the service of a mental hospital authority for less than ten years, the mental hospital authority in whose service he is injured may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such annual allowance and lump sum as in all the circumstances of the case they consider proper.

Pension, etc., in certain special cases.

72.—(1) A mental hospital authority shall, with the consent of the Minister, grant to any officer or servant in their service, who has been in the service of a mental hospital authority for not less than ten years and— (a) who is removed from his office or employment for a cause other than misconduct or incapacity, or (b) whose office or employment is abolished, or (c) whose position has, in the opinion of the Minister, been materially altered to his detriment owing to changes in his conditions of service made without reasonable cause, and who resigns his office or employment with the consent of the Minister, such annual allowance and lump sum as in all the circumstances of the case they consider proper.

Reduction of allowance in certain cases.

73.—(1) This section applies to every officer or servant of a mental hospital authority— (a) who has resigned or otherwise ceased to hold office or employment, and (b) who is entitled to receive under this Part of this Act an allowance from the authority, and (c) who did not perform his duties as their officer or servant to their satisfaction.

Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.

74.—(1) Where— (a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and (b) the injury is directly attributable to the nature of his duties, and (c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and (d) he has been in the service of a mental hospital authority for ten years or longer, the mental hospital authority in whose service he is injured may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

Ascertainment of continuation of incapacity.

75.—(1) Where a person is entitled under section 67 , section 69 , or section 71 of this Act to receive an allowance or is entitled under section 74 of this Act to receive an increased allowance, the following provisions shall have effect:— (a) the mental hospital authority by whom the allowance is payable shall from time to time ascertain whether or not the incapacity of such person continues and, for that purpose, may require him to submit himself from time to time to such medical examinations as they may arrange; (b) if such person fails or refuses to submit himself to any such medical examination, he shall cease to be entitled to receive the allowance; (c) if at least two registered medical practitioners certify that such person's incapacity has ceased, the authority may, in their discretion, but subject to the consent of the Minister, cancel the allowance and, if they do so, such person shall cease to be entitled to receive the allowance as from the date on which it is cancelled and the authority may, in their discretion, offer him a position in their service of a kind and at a rate of salary or wages at least equal to that enjoyed by him when formerly in their service.

Marriage gratuities.

76.—Where— (a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and (b) she has been in the service of a mental hospital authority for not less than five years, and (c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period, the mental hospital authority whose service she has left shall pay to her a gratuity consisting of one-twelfth of her yearly salary or wages in respect of each of her completed years of service, but subject to the limitation that the gratuity shall not exceed her yearly salary or wages.

Allowances to widows in certain cases.

77.—(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.

Allowance in respect of children in certain cases.

78.—(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.

Limit on allowances and lump sums.

79.—(1) Notwithstanding anything contained in this Part of this Act— (a) an allowance under this Part of this Act shall not exceed— (i) in the case of an allowance under section 77 of this Act, one-third of the yearly salary or wages of the officer or servant in question, (ii) in any other case, one-half of such yearly salary or wages, (b) a lump sum under this Part of this Act shall not exceed one and one-half times the yearly salary or wages of the officer or servant in question.

Payment of certain deficiencies.

80.—Where an officer or servant of a mental hospital authority who becomes entitled to receive from the authority an allowance and lump sum under this Part of this Act dies while the payments made on foot of the allowance and the lump sum are, in the aggregate, less than his yearly salary or wages, the authority shall pay to the legal personal representative of such officer or servant the amount by which such aggregate is less than his yearly salary or wages.

Forfeiture of allowance in case of grave misconduct.

81.—(1) Where an officer or servant of a mental hospital authority is on account of grave misconduct removed from office or dismissed, he shall not be entitled to receive under this Part of this Act any allowance or lump sum referable in whole or in part to his service under a mental hospital authority prior to such removal or dismissal.

Reckoning, of service.

82.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any mental hospital authority, being service as an officer or servant, shall be aggregated and reckoned for the purposes of this Part of this Act.

Abatement of allowance on appointment of recipient.

83.—(1) Where any person, to whom an allowance under this Part of this Act is paid, is appointed to any office or employment by a mental hospital authority or any other local authority or to any office or employment remunerated out of moneys provided by the Oireachtas, the following provisions shall, so long as he holds such office or employment, have effect:— (a) in case the remuneration of such office or employment equals or is greater than that of the office or employment in respect of which the allowance was granted—such person shall not be paid the allowance; (b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the remuneration of such office or employment, equals the remuneration of the office in respect of which the allowance was granted.

Reduction of certain allowances.

84.—(1) Where a person, to whom an allowance is paid on account of having ceased, before or after the commencement of this Part of this Act, to hold an office or employment (in this section referred to as the former office) remunerated out of moneys provided by the Oireachtas or to which he was appointed by a local authority other than a mental hospital authority, is appointed to any office or employment (in this section referred to as the later office) by a mental hospital authority, the following provisions shall, so long as he holds the later office, have effect:— (a) in case the salary or wages of the later office are equal to or greater than the salary or wages of the former office—such person shall not be paid the allowance; (b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the salary or wages of the later office, equals the salary or wages of the former office.

Contributions.

85.—(1) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority shall contribute in each year for the purposes of this Part of this Act three per cent. of his salary or wages for that year and the amount of such contribution shall from time to time be deducted from his salary or wages.

Return of contributions.

86.—(1) Where— (a) an officer or servant of a mental hospital authority loses his office or employment by any cause other than misconduct or voluntary resignation, and (b) he has been in the service of a mental hospital authority for less than ten years, the mental hospital authority in whose service he was immediately before he lost his office or employment shall, save where such authority make a grant to him under section 71 of this Act, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him the aggregate amount of his contributions under this Part of this Act.

Assignment of pensions, etc.

87.—(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Part of this Act by a mental hospital authority to any person (in this section referred to as the recipient), that is to say:— (a) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the family of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor, (b) where any public assistance is given in pursuance of the Public Assistance Act, 1939