{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">(No. 27 of 1939), to the recipient or to anyone whom he is liable under that Act to maintain, the mental hospital authority may pay the whole or any part of the grant to the public assistance authority giving the assistance, and so much of the grant as is so paid may be applied in repayment of any sums expended on such assistance and, subject thereto, shall be paid or applied by the public assistance authority to or for the benefit of the recipient, (c) if the recipient neglects to maintain any person whom he is liable to maintain, the mental hospital authority may in their discretion pay or apply the whole or any part of the grant to or for the benefit of that person, (d) if the recipient appears to the mental hospital authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient. (e) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding one hundred pounds is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the mental hospital authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the mental hospital authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in case of the illegitimacy of the deceased, to or among such persons as the mental hospital authority think fit, and the mental hospital authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution, (f) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the mental hospital authority think fit, (g) where a payment is made to any person by the mental hospital authority in pursuance of this section, the receipt of that person shall be a good discharge for the sum paid.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A mental hospital authority may, with the consent of the Minister, make rules requiring declarations to be made for any purpose relating to payments made pursuant to this section and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required by such rules to make.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any person who makes a wilful misstatement of material fact in any declaration made under any rule made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or to imprisonment for any term not exceeding three months.</div>\n<p class=\"lf-p\">Officer or servant becoming Civil Servant.</p>\n<p class=\"lf-p\">88.—(1) Where— (a) a person— (i) who had not attained the age of fifty-five years was appointed before the commencement of this Part of this Act to an established position in the civil service of the State, or (ii) who has not attained the age of fifty-five years is appointed after the commencement of this Part of this Act to an established position in the civil service of the State, and (b) such person was, before such appointment, paying contributions under the Act of 1909 or this Part of this Act in respect of an office or employment the duties of which relate to the same matters as the duties of such established position, and (c) such person has not been repaid such contributions or, having been repaid them, has refunded them under the Act of 1909 or this Part of this Act, the services of such person in respect of which such contributions were paid shall, for the purposes of the Superannuation Acts, 1834 to 1942, be regarded as service in an established position in the civil service of the State.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the c ase of a civil servant and of a person paying contributions under the Act of 1909 or this Part of this Act, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in the amount which, in any particular case, is granted by virtue of sub-section (1) of this section under the Superannuation Acts, 1834 to 1942.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where any payment is made to any person in accordance with this section, the Minister for Finance may determine what part or parts of the payment shall be defrayed out of any fund or funds to which such person made contributions under this Part of this Act or the Act of 1909, and thereupon the relevant mental hospital authority or authorities shall pay to the said Minister out of that fund or those funds the amount or the respective amounts determined by him as aforesaid.</div>\n<p class=\"lf-p\">Civil Servant becoming officer or servant.</p>\n<p class=\"lf-p\">89.—(1) Where— (a) an officer or servant of a mental hospital authority was, immediately before the commencement of this Part of this Act, paying contributions under the Act of 1909, and (b) such officer or servant began to pay such contributions before reaching the age of fifty-five years, and (c) such officer or servant held, immediately before beginning to pay such contributions, an established position in the civil service of the State the duties of which related to the same matters as the duties of the office or employment in respect of which he was paying such contributions, the service of such officer or servant in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a person holding an established position in the civil service of the State becomes an officer or servant of a mental hospital authority the duties of whose office or employment relate to the same matters as the duties of such established position, the service of such person in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of a civil servant and an officer or servant of a mental hospital authority, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where any payment is made by a mental hospital authority to any person in accordance with this section, the Minister for Finance may make such contribution to the payment as he considers reasonable out of moneys provided by the Oireachtas and shall pay the contribution to such authority.</div>\n<p class=\"lf-p\">Contributions in case of service with more than one mental hospital authority.</p>\n<p class=\"lf-p\">90.—Where an allowance, lump sum, marriage gratuity, refund of contributions or other payment is payable under this Part of this Act by a mental hospital authority (in this section referred to as the paying authority) to or in respect of any person in respect of his ceasing to hold office or employment under them and, in determining the amount of the allowance, lump sum, gratuity, refund or other payment, any service of such person under another mental hospital authority or a local authority other than a mental hospital authority (in this section referred to as the contributing authority) has been reckoned, the contributing authority shall refund to the paying authority a part of the allowance, lump sum, gratuity, refund or other payment reckoned according to the service and pay or the contributions of such person under the contributing body and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.</p>\n<p class=\"lf-p\">Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.</p>\n<p class=\"lf-p\">91.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority shall, in case he becomes an officer or servant of a local authority other than a mental hospital authority, be aggregated and reckoned for the purposes of granting and calculating any superannuation allowance which may be payable to him by such local authority.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Notwithstanding sub-section (1) of this section— (a) whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned in accordance with sub-section (1) of this section; (b) service in relation to which a payment has been made under sub-section (1) or sub-section (2) or sub-section (4) of section 86 of this Act shall not be aggregated or reckoned in accordance with sub-section (1) of this section unless such payment is returned to the mental hospital authority by whom it was paid.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a payment is returned to a mental hospital authority under sub-section (2) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where a superannuation allowance is payable by a local authority other than a mental hospital authority (in this sub-section referred to as the paying authority) to a person in respect of his ceasing to hold office or employment under them, and, in determining the amount of the allowance, any service of such person under a mental hospital authority (in this sub-section referred to as the contributing authority) has been reckoned in accordance with sub-section (1) of this section, the contributing authority shall refund to the paying authority a part of the allowance reckoned according to the service and pay or the contributions of such person under the contributing authority and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.</div>\n<p class=\"lf-p\">Appeal to the Minister.</p>\n<p class=\"lf-p\">92.—(1) Where— (a) an officer or servant of a mental hospital authority resigns or otherwise ceases to hold office or employment under the authority, and (b) the officer or servant is aggrieved by the grant made pur suant to this Part of this Act by the authority to him or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant to him, the officer or servant may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after having resigned or otherwise ceased to hold office or employment, report the facts of the case to the Minister and the Minister, if he is satisfied that the officer or servant has good reason for being aggrieved, may make any grant to the officer or servant which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where— (a) an officer or servant of a mental hospital authority dies, and (b) the legal personal representative of the deceased, or, in case the deceased is a widower survived by one or more than one dependent child under sixteen years of age, any person acting on behalf of the child or children, is aggrieved by the grant made pursuant to this Part of this Act by the authority in relation to the deceased or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant in relation to the deceased, such representative or person may within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that such representative or person has good reason for being aggrieved, may make any grant in relation to the deceased which he thinks just and which could have been made by the authority, and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, in a case to which sub-section (1) or sub-section (3) of section 77 of this Act is applicable, the widow of a deceased officer or servant of a mental hospital authority is aggrieved by the neglect or refusal of the authority to make pursuant to that sub-section a grant to her, she may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that she has good reason for being aggrieved, may make any grant to her which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority.</div>\n<p class=\"lf-p\">Age limit.</p>\n<p class=\"lf-p\">93.—(1) The Minister may by regulations declare any specified age to be the age limit for all officers of mental hospital authorities, for such officers of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified officer of a mental hospital authority.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Minister may by regulations declare any specified age to be the age limit for all servants of mental hospital authorities, for such servants of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified servant of a mental hospital authority.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A declaration under this section shall come into force six months after the day on which it is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>If, on the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches or is older than the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day when the declaration comes into force.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>If, on a day after the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day after the day on which the declaration comes into force.</div>\n<h3 class=\"lf-part\">PART IX.</h3>\n<p class=\"lf-p\">Miscellaneous Provisions Relating to Mental Hospital Authorities.</p>\n<p class=\"lf-p\">Resident medical superintendent.</p>\n<p class=\"lf-p\">94.—(1) There shall be a chief medical officer for a district mental hospital and such officer shall be known and is in this Act referred to as a resident medical superintendent.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, in addition to their district mental hospital, a mental hospital authority maintain any other institution, the resident medical superintendent of their district mental hospital shall exercise such control over the other institution as the mental hospital authority, with the consent of the Minister, may determine.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A resident medical superintendent shall reside in the residential accommodation provided for him by the mental hospital authority by whom he was appointed.</div>\n<p class=\"lf-p\">Committees of mental hospital authorities.</p>\n<p class=\"lf-p\">95.—(1) A mental hospital authority may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of their powers, duties and functions under this Act which in their opinion would be better or more conveniently regulated or managed by or through a committee.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The acts of a committee appointed under this section shall be subject to confirmation by the mental hospital authority appointing the committee, save that the mental hospital authority may, with the sanction of the Minister, empower the committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by the mental hospital authority which the mental hospital authority themselves could lawfully do.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The quorum, procedure, and place of meeting of a committee appointed under this section shall be such as may be appointed by regulations to be made by the mental hospital authority appointing the committee.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The appointment under sub-section (1) of this section of a committee and the making under sub-section (3) of this section of regulations shall be reserved functions for the purposes of the County Management Acts, 1940 and 1942.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The provisions of sub-section (2) of section 18 of the County Management Act, 1940 (No. 12 of 1940), shall apply in relation to the power to delegate conferred on a mental hospital authority by sub-section (1) of this section.</div>\n<p class=\"lf-p\">Visiting committee of district mental hospital.</p>\n<p class=\"lf-p\">96.—(1) A mental hospital authority shall from time to time appoint a committee to visit their district mental hospital and the other institutions and accommodation maintained by them.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The following provisions shall have effect in relation to the members of a visiting committee of a district mental hospital:— (a) the number of the members shall not exceed one-third of the number of the members of the mental hospital authority by whom the committee were appointed; (b) not more than one-half of the members may be persons who are not members of such authority; (c) the tenure of office of the members shall be determined by such authority; (d) all casual vacancies in the membership shall be filled by such authority.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Subject to the other provisions of this section, it shall be the duty of the visiting committee of a district mental hospital to do the following things:— (a) from time to time to visit the hospital and the other institutions and accommodation maintained by the mental hospital authority by whom they were appointed and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private; (b) to report to such authority any abuses which they may observe in the course of their visits; (c) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed; (d) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The visiting committee of a district mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The appointment of the chairman of the visiting committee of a district mental hospital, and their meetings and the quorum and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The visiting committee of a district mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the district mental hospital and the other insitutions and accommodation maintained by the mental hospital authority by whom they were appointed and to have free access to every part thereof subject to compliance with the rules made under this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The Minister may make rules prescribing the powers and duties of visiting committees of district mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>The visiting committee of a district mental hospital shall comply with and observe the rules made by the Minister under sub-section (7) of this section and for the time being in force so far as such rules apply to such committee.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Every rule in force immediately before the commencement of this Part of this Act under sub-section (6) (repealed by this Act) of section 34 of the County Management Act, 1940 (No. 12 of 1940), shall, upon the commencement of this Part of this Act, continue in force and shall be capable of being amended or revoked as if it were duly made under this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>Where a mental hospital authority maintains an auxiliary mental hospital which is not a part of their district mental hospital, the foregoing provisions of this section shall not apply to the auxiliary mental hospital and, in lieu thereof, the provisions of section 97 of this Act shall apply thereto.</div>\n<p class=\"lf-p\">Visiting committee of auxiliary mental hospital.</p>\n<p class=\"lf-p\">97.—(1) Where a mental hospital authority maintain an auxiliary mental hospital which is not a part of their district mental hospital, they shall from time to time appoint a committee to visit their auxiliary mental hospital.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The following provisions shall have effect in relation to the members of a visiting committee of an auxiliary mental hospital:— (a) the number of members shall not exceed one-third of the number of members of the mental hospital authority by whom the committee were appointed; (b) not more than one-half of the members may be persons who are not members of such authority; (c) the tenure of office of the members shall be determined by such authority; (d) all casual vacancies in the membership shall be filled by such authority.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Subject to the other provisions of this section, it shall be the duty of the visiting committee of an auxiliary mental hospital to do the following things:— (a) from time to time to visit the hospital and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private; (b) to report to the mental hospital authority by whom they were appointed any abuses which they may observe in the course of their visits; (c) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed; (d) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The visiting committee of an auxiliary mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The appointment of the chairman of the visiting committee of an auxiliary mental hospital, and their meetings and the quorum and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The visiting committee of an auxiliary mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the hospital and to have free access to every part thereof subject to compliance with the rules made under this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The Minister may make rules prescribing the powers and duties of visiting committees of auxiliary mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>The visiting committee of an auxiliary mental hospital shall comply with and observe the rules made by the Minister under sub-section (7) of this section and for the time being in force so far as such rules apply to such committee.</div>\n<p class=\"lf-p\">Joint administration of mental hospital districts.</p>\n<p class=\"lf-p\">98.—(1) Where it appears to the Minister, after consultation with the mental hospital authorities of two or more mental hospital districts, that the joint management and administration of those districts for any particular purpose of or connected with the administration of this Act would tend to reduce expense or would otherwise be of public or local advantage, the Minister may by order direct that the administration of this Act in those districts shall, for the purpose specified in the order, be managed and conducted jointly by the respective mental hospital authorities of those districts through and by an authority to be set up under and in accordance with the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An order made by the Minister under sub-section (1) of this section shall— (a) provide for the setting up of the relevant joint authority and for the constitution, membership, procedure, finance, and officers thereof, (b) define the functions of the joint authority and, where appropriate, delimit the respective functions of the joint authority and of the mental hospital authorities of the mental hospital districts forming the functional area of the joint authority, (c) make such provision as the Minister thinks proper for the allocation to the joint authority of appropriate portions of the assets and property of such mental hospital authorities and for the defrayal by such mental hospital authorities of the liabilities of the joint authority and generally for the adjustment between such mental hospital authorities respectively and the joint authority of present and future property and liabilities, (d) provide for the vesting of all property acquired by the joint authority in such mental hospital authorities in such proportions and manner as the Minister thinks proper and specifies in the order, (e) generally make such provisions as appear to the Minister to be necessary or proper for securing the due execution by the joint authority of the purposes for which it is constituted.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The respective mental hospital authorities of the several mental hospital districts forming the functional area of a joint authority shall cease to exercise or perform such of their respective powers and duties as are included by the order setting up the joint authority in the functions of the joint authority and those powers and duties shall be exercised and performed by the joint authority.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Minister may at any time at his discretion revoke or amend any order previously made by him under this section and, in particular, may at any time by order dissolve a joint authority set up under this section and make all such provisions as appear to him to be necessary or proper for the restoration of the functions of the joint authority to the several mental hospital authorities to whom those functions originally belonged or for any other purpose consequential on the dissolution of the joint authority.</div>\n<p class=\"lf-p\">Reception of minutes of proceedings at meeting of joint board as evidence, etc.</p>\n<p class=\"lf-p\">99.—(1) All minutes of the proceedings at a meeting of a joint board which purport to be signed by the chairman of such meeting or by the chairman of the next subsequent meeting of the board shall (without proof of the signature of the person by whom the minutes purport to be signed or that such person was in fact the chairman of the meeting at which the minutes purport to be signed) be received in all legal proceedings as prima facie evidence of the proceedings at the meeting to which the minutes relate and as prima facie evidence that such meeting was convened, held, and conducted according to law.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A copy of a resolution passed or order made at a meeting of a joint board purporting to be certified by the chief clerk to the joint board to be a true copy of the resolution or order shall be received in all legal proceedings as prima facie evidence of the passing of the resolution or the making of the order (as the case may be) and of the terms thereof without proof of the signature of the person by whom the copy purports to be so certified or that he was in fact such chief clerk.</div>\n<p class=\"lf-p\">Joint board as local authority for purposes of certain Acts.</p>\n<p class=\"lf-p\">100.—A joint board shall be a local authority within the meaning and for the purposes of the Acts mentioned in the Fourth Schedule to this Act.</p>\n<p class=\"lf-p\">Arrangement for maintenance in institution not maintained by relevant mental hospital authority.</p>\n<p class=\"lf-p\">101.—(1) A mental hospital authority may, with the consent of the Minister, make and carry out an arrangement for the maintenance, in a special instituiton, of any class of their chargeable patients.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Minister may withdraw a consent given by him under sub-section (1) of this section and thereupon the arrangement to which the consent relates shall terminate and the mental hospital authority to whom the consent was given shall remove any patient, who is being maintained in pursuance of the arrangement in a special institution, from that institution.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In this section, the expression “special institution” means any home, hospital, or other institution not maintained by the mental hospital authority making the relevant arrangement for maintenance and suitable for the treatment of the persons for whom such arrangement is made.</div>\n<p class=\"lf-p\">Arrangement for treatment in approved institutions.</p>\n<p class=\"lf-p\">102.—A mental hospital authority may make and carry out an arrangement for the reception and treatment, as temporary patients or voluntary patients in an approved institution, of any of their chargeable patients.</p>\n<p class=\"lf-p\">Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.</p>\n<p class=\"lf-p\">103.—(1) Any two mental hospital authorities may, with the consent of the Minister, make and carry out an arrangement for the reception into the district mental hospital or any other institution maintained by one of the authorities of patients maintained by the other authority.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Minister may withdraw a consent given by him under sub-section (1) of this section and thereupon the arrangement to which the consent relates shall terminate and any patient received under the arrangement shall be removed by the mental hospital authority by whom he was sent for reception under the arrangement.</div>\n<p class=\"lf-p\">Religious services and chaplains in institutions maintained by mental hospital authority.</p>\n<p class=\"lf-p\">104.—(1) The Minister shall by order make provision for the due performance of religious services and the affording of religious aid in district mental hospitals and other institutions maintained by mental hospital authorities.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A mental hospital authority shall appoint in relation to every district mental hospital and other institution maintained by them suitable persons to hold office as chaplains thereto.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>An office of chaplain to which appointments are made under this section shall not be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies.</div>\n<p class=\"lf-p\">Regulations as to contracts by mental hospital authorities.</p>\n<p class=\"lf-p\">105.—(1) The Minister may, if he so thinks fit, make regulations in relation to the entering into and making of contracts by mental hospital authorities and any such regulations may relate to contracts generally or to contracts of a specified class.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where regulations made under this section are for the time being in force, all contracts to which such regulations relate made by a mental hospital authority shall be entered into and made in accordance with such regulations and, if any such contract is not so entered into or is not so made, it shall, if the Minister so directs, be wholly void and shall, unless or until the Minister gives such direction, be voidable at the option of any party thereto.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a contract made or entered into by a mental hospital authority is avoided under this section, whether by the Minister or a party thereto, all payments made by the authority or any officer thereof in purported pursuance of the contract after it has been avoided shall, in the accounts of the authority or officer (as the case may be), be disallowed as being contrary to law.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Nothing in this section or any regulation made thereunder shall prejudice or affect the application of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925), or of the Local Authorities (Combined Purchasing) Act, 1939 (No. 14 of 1939), to mental hospital authorities or the operation of either of those Acts in relation to such authorities.</div>\n<p class=\"lf-p\">Contributions to associations and societies for prevention and treatment of mental disease.</p>\n<p class=\"lf-p\">106.—A mental hospital authority may, with the consent of the Minister, pay an annual contribution to the funds of any association or society for the prevention or treatment of mental disease.</p>\n<p class=\"lf-p\">Burials.</p>\n<p class=\"lf-p\">107.—(1) A mental hospital authority or, in case of urgency, their resident medical superintendent may provide for the burial at any place within the mental hospital district of such authority of the body of a person who dies while being maintained as a chargeable patient in the mental hospital district of such authority.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a person who is being maintained as a chargeable patient outside the mental hospital district of the mental hospital authority responsible for such maintenance dies, such authority may provide for the burial of the body of such person in a burial ground at a convenient distance from the place where the death occurred or may provide for the bringing of the body into their mental hospital district and its burial there.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a mental hospital authority incur under this section expenses in relation to the body of a deceased person, they may obtain repayment of the expenses from the property of the deceased person or from any person who was liable to maintain him immediately before his death as if the expenses were the cost of mental hospital assistance given to the deceased person before his death.</div>\n<p class=\"lf-p\">Transfer of patient to proper district mental hospital, etc.</p>\n<p class=\"lf-p\">108.—(1) Where a person received as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority is not ordinarily resident in their mental hospital district, such authority shall give notice of the reception to the mental hospital authority for the mental hospital district in which the person ordinarily resides.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a mental hospital authority gives to another mental hospital authority a notice under sub-section (1) of this section in relation to any person— (a) such other authority may arrange for the transfer of such person to their district mental hospital, (b) such other authority shall be liable to the first-mentioned authority for the full cost, determined in the prescribed manner, of the care, maintenance, and treatment given to such person from the time when the notice is given until such time as such person may be transferred under an arrangement made under paragraph (a) of this sub-section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any dispute as to the mental hospital district in which a person ordinarily resides shall be determined for the purposes of this section by the Minister, whose decision shall be final.</div>\n<p class=\"lf-p\">Admission of persons as private patients to mental institution maintained by mental hospital authority.</p>\n<p class=\"lf-p\">109.—(1) A mental hospital authority may, if they so think proper, make regulations in relation to any particular institution maintained by them authorising and regulating, subject to the provisions of this Act and of every other enactment, either or both of the following matters:— (a) the admission of persons as private patients to the institution and their accommodation therein, (b) the affording to persons as private patients of advice or treatment in the institution.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a mental hospital authority make regulations under sub-section (1) of this section, they shall submit the regulations to the Minister for his approval and the regulations may be approved of by the Minister (if he thinks proper so to do) either with or without modification and shall come into operation if and when and as so approved of.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Minister may at any time require a mental hospital authority to make and submit regulations (including amending regulations) under sub-section (1) of this section in respect of any particular institution maintained by them, and, if they do not make and submit such regulations within three months after being required by the Minister so to do or if they make and submit in pursuance of such requisition regulations which the Minister refuses to approve of, the Minister, if he so thinks proper, may himself make the regulations mentioned in such requisition and may therein appoint the day on which they shall come into operation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Regulations made under this section in relation to an institution— (a) shall contain provisions in regard to the payment to be made, by or in respect of the persons admitted as private patients to the institution, to the mental hospital authority maintaining the institution for the accommodation, advice, or treatment received by such persons in the institution, and regulating the amount of such payments, (b) shall provide that no person shall be admitted as a private patient to the institution unless there is available for him in the institution at the time of his admission thereto accommodation not required for persons who are receivable in the institution as chargeable patients.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>No person shall be admitted to or accommodated, advised, or treated in an institution maintained by a mental hospital authority as a private patient unless regulations made under this section are in operation in respect of such institution, and no person shall be admitted to or accommodated, advised, or treated in such institution as a private patient otherwise than in accordance with such regulations.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A registered medical practitioner in the service of a mental hospital authority maintaining an institution shall not demand or take from a person admitted to or advised or treated in the institution as a private patient under regulations made under this section any payment in respect of advice or treatment afforded by the practitioner to such person in the institution.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 194.0 and 1942.</div>\n<p class=\"lf-p\">Regulations for guidance and control of mental hospital authorities and their officers.</p>\n<p class=\"lf-p\">110.—The Minister may make such regulations, whether in relation to all or one or more mental hospital authorities, as appear to him to be expedient for the guidance and control of such authorities and their officers or servants in the performance of their functions under this Act and for securing the efficient administration of this Act, and it shall be the duty of a mental hospital authority or officer or servant to whom any such regulations relate to comply with such regulations.</p>\n<h3 class=\"lf-part\">PART X.</h3>\n<p class=\"lf-p\">Private Institutions.</p>\n<p class=\"lf-p\">Definitions for purposes of Part X.</p>\n<p class=\"lf-p\">111.—In this Part of this Act— the expression “the register” means the register of private institutions kept under this Part of this Act, the expression “registered proprietor” means, in relation to a private institution registered in the register, the person whose name is entered in the register in respect of such institution.</p>\n<p class=\"lf-p\">Register of private institutions.</p>\n<p class=\"lf-p\">112.—(1) The Minister shall keep a register of private institutions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>There shall be entered in the register in respect of each private institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.</div>\n<p class=\"lf-p\">Obligation to register private institution.</p>\n<p class=\"lf-p\">113.—It shall not be lawful for any person to carry on a private institution unless it is registered in the register and such person is the registered proprietor thereof.</p>\n<p class=\"lf-p\">Exceptions from obligation to register private institution.</p>\n<p class=\"lf-p\">114.—</p>\n<h3 class=\"lf-part\">Section 113</h3>\n<p class=\"lf-p\">of this Act shall not apply in relation to the taking care in an institution or premises of any person of unsound mind— (a) who is absent under this Act from a mental institution on trial, or (b) who is sent under this Act from a mental institution for treatment, or (c) who is boarded out under this Act.</p>\n<p class=\"lf-p\">Application for registration or renewal of registration of private institution.</p>\n<p class=\"lf-p\">115.—(1) An application for the registration of a private institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application for the renewal of the registration of a private institution in the register shall be made by the registered proprietor in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private institution in question as the Minister considers necessary for the consideration of the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Minister may cause an inspection to be made of a private institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>An application for the renewal of a registration in the register shall be made— (a) in the case of a first application for renewal, in the tenth month after the month in which the registration was made, (b) in any other case, in the tenth month after the month in which, pursuant to this Part of this Act, the last renewal of the registration began to take effect.</div>\n<p class=\"lf-p\">Duration of registration of private institution.</p>\n<p class=\"lf-p\">116.—(1) Where a private institution is registered in the register it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where an application for renewal of the registration of a private institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case maybe) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application for renewal of the registration of a private institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register— (a) the institution shall be deemed to continue to be registered in the register until the decision is given, (b) if the decision is a decision granting a renewal, such renewal shall have effect as from the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.</div>\n<p class=\"lf-p\">Certificate of registration or renewal of registration of private institution.</p>\n<p class=\"lf-p\">117.—Where the Minister registers or renews the registration of a private institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.</p>\n<p class=\"lf-p\">Refusal of registration or renewal of registration of private institution and removal from register of private institution.</p>\n<p class=\"lf-p\">118.—(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private institution in the register, refuse to renew the registration of a private institution in the register, or remove a private institution from the register.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a person informs the Minister under sub-section (2) of this section of his desire to show cause why an order should not be made, the Minister shall, before making such order, give him an opportunity to show cause.</div>\n<p class=\"lf-p\">Grounds for refusal of registration of private institution.</p>\n<p class=\"lf-p\">119.—The following (and no other) shall be the grounds for refusing an application for the registration of a private institution in the register:— (a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution, (b) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position, (c) that the person who will be the person in charge of the institution does not undertake to reside therein, (d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put, (e) that the Minister is satisfied that the person or persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister, (f) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this Part of this Act are not furnished within a reasonable time or are refused to be furnished.</p>\n<p class=\"lf-p\">Grounds for refusing renewal of registration of private institution.</p>\n<p class=\"lf-p\">120.—The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private institution in the register:— (a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution, (b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position, (c) that the Minister is satisfied that the person in charge of the institution does not reside therein, (d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put, (e) that the Minister is satisfied that the person or persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister, (f) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate, (g) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate, (h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership, (i) that there has been a conviction in relation to the institution of any offence under this Act, (j) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.</p>\n<p class=\"lf-p\">Grounds for removal of private institution from register.</p>\n<p class=\"lf-p\">121.—The following (and no other) shall be the grounds for removing a private institution from the register:— (a) that the person carrying on the institution is not a fit person to carry on the institution, (b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position, (c) that the Minister is satisfied that the person in charge of the institution does not reside therein, (d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put, (e) that the Minister is satisfied that the person or persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister, (f) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate, (g) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate, (h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership, (i) that there has been a conviction in relation to the institution of any offence under this Act.</p>\n<p class=\"lf-p\">Continuation of certain powers after removal of private institution from register or after registration not being renewed.</p>\n<p class=\"lf-p\">122.—Where a private institution registered in the register is removed therefrom or the registration of a private institution registered in the register is not renewed, the powers conferred by this Act on the Minister and on the Inspector of Mental Hospitals in relation to the institution and the provisions of this Act in relation to the discharge, removal, and transfer of the patients in the institution shall continue in force for a period of three months thereafter and it shall be lawful to carry on the institution during that period for the purposes of effecting such discharge, removal, and transfer.</p>\n<p class=\"lf-p\">Disqualification from being member of governing body of private institution.</p>\n<p class=\"lf-p\">123.—Where a governing body manages a private institution registered in the register, no medical or other officer and no servant of the institution shall be a member of the governing body unless he is the owner or part owner of the institution or is a member of a religious community on whose behalf the institution is carried on or the Minister consents to his being a member of the governing body.</p>\n<p class=\"lf-p\">Provisions consequent upon transfer, etc., of private institution.</p>\n<p class=\"lf-p\">124.—Where a private institution registered in the register ceases, consequent upon any transfer, death, or other event, to be carried on by the registered proprietor, the person (if any) who continues to carry on the institution shall, on making written application (accompanied by the prescribed fee) to the Minister not later than fourteen days after such cesser and provided he is approved of by the Minister, be entitled to have his name entered in the register as the registered proprietor, and such person shall, on making such application, be deemed to be the registered proprietor as from such cesser until the Minister decides such application.</p>\n<p class=\"lf-p\">Striking out or correction of registration of private institution.</p>\n<p class=\"lf-p\">125.—The Minister shall— (a) strike out a registration in the register which has ceased to have effect, (b) from time to time make such corrections in the registrations in the register as he ascertains to be proper.</p>\n<p class=\"lf-p\">Addition to or alteration of premises of private institution.</p>\n<p class=\"lf-p\">126.—No addition to or structural alteration of the premises of a private institution registered in the register shall be made unless— (a) written notice of the addition or alteration, accompanied by the prescribed plans thereof, is given to the Minister, and (b) the Minister consents to the carrying out of the addition or alteration.</p>\n<p class=\"lf-p\">Keeping of plans of premises of private institution available for inspection.</p>\n<p class=\"lf-p\">127.—Where any plan in relation to the premises of a private institution registered in the register has been submitted to the Minister under this Part of this Act either for the purposes of obtaining the registration of the institution or otherwise, a copy of such plan shall be kept available in the institution for inspection by any person authorised by the Minister to inspect such copy.</p>\n<p class=\"lf-p\">Restriction on number of patients in private institution.</p>\n<p class=\"lf-p\">128.—The number of male persons or female persons of unsound mind taken care of in a private institution registered in the register shall not exceed the number specified in that behalf in the register.</p>\n<p class=\"lf-p\">Visitation of private institution where two or more patients are kept.</p>\n<p class=\"lf-p\">129.—(1) The Minister may make regulations requiring the visitation by registered medical practitioners of private institutions registered in the register where two or more persons of unsound mind are taken care of and prescribing the duties to be performed by such practitioners, and any such regulations may relate to all those institutions, to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, in relation to a private institution registered in the register, there is a failure to comply with any regulation for the time being in force under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.</div>\n<p class=\"lf-p\">Visitation of sole patient in private institution.</p>\n<p class=\"lf-p\">130.—(1) Where one person only of unsound mind is taken care of in a private institution registered in the register, the Minister may by order direct how often such person is to be visited by a registered medical practitioner, and the provisions of such order shall be duly complied with.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Unless and until an order is made in relation to any particular person under sub-section (1) of this section, such person shall be visited twice at least in each week by a registered medical practitioner.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>A registered medical practitioner visiting pursuant to this section or an order made thereunder shall at each visit make and sign a statement in the prescribed form as to the health of the person visited and the registered proprietor of the private institution where the visit is made shall retain such statement in the institution for inspection by the Inspector of Mental Hospitals.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Minister may require a registered medical practitioner visiting pursuant to this section or an order made thereunder to furnish to the Minister a report in writing as to the condition of the person visited and such practitioner shall comply with the requirement of the Minister.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Minister may by order direct that the services of any registered medical practitioner visiting a person of unsound mind who is the sole person taken care of in a private institution registered in the register shall be dispensed with and that, in lieu thereof, the services of some other registered medical practitioner be obtained, and the provisions of such order shall be duly complied with.</div>\n<p class=\"lf-p\">Register of patients in private institution.</p>\n<p class=\"lf-p\">131.—There shall be kept, in respect of a private institution registered in the register, a register in the prescribed form in which the prescribed particulars in regard to every person of unsound mind taken care of in the institution shall be entered.</p>\n<p class=\"lf-p\">Regulations governing carrying on of private institution, etc.</p>\n<p class=\"lf-p\">132.—(1) The Minister may make regulations— (a) governing the carrying on of private institutions registered in the register, (b) prescribing the medical staffs to be employed in connection with such institutions, (c) prescribing records to be kept in respect of such institutions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Regulations under this section may relate to all private institutions registered in the register, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, in relation to any private institution registered in the register, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.</div>\n<h3 class=\"lf-part\">PART XI.</h3>\n<p class=\"lf-p\">Private Charitable Institutions.</p>\n<p class=\"lf-p\">Definitions for purposes of Part XI.</p>\n<p class=\"lf-p\">133.—In this Part of this Act— the expression “the register” means the register of private charitable institutions kept under this Part of this Act; the expression “registered proprietor” means, in relation to a private charitable institution registered in the register, the person whose name is entered in the register in respect of such institution.</p>\n<p class=\"lf-p\">Register of private charitable institutions.</p>\n<p class=\"lf-p\">134.—(1) The Minister shall keep a register of private charitable institutions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>There shall be entered in the register in respect of each private charitable institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.</div>\n<p class=\"lf-p\">Obligation to register private charitable institution.</p>\n<p class=\"lf-p\">135.—It shall not be lawful for any person to carry on a private charitable institution unless it is registered in the register and such person is the registered proprietor thereof.</p>\n<p class=\"lf-p\">Exceptions from obligation to register private charitable institution.</p>\n<p class=\"lf-p\">136.—</p>\n<h3 class=\"lf-part\">Section 135</h3>\n<p class=\"lf-p\">of this Act shall not apply in relation to the taking care in an institution of any person of unsound mind— (a) who is absent under this Act from a mental institution on trial, or (b) who is sent under this Act from a mental institution for treatment, or (c) who is boarded out under this Act.</p>\n<p class=\"lf-p\">Application for registration or renewal of registration of private charitable institution.</p>\n<p class=\"lf-p\">137.—(1) An application for the registration of a private charitable institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner and shall contain the prescribed particulars.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application for the renewal of the registration of a private charitable institution in the register shall be made by the registered proprietor in the prescribed form and manner and shall contain the prescribed particulars.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private charitable institution in question as the Minister considers necessary for the consideration of the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Minister may cause an inspection to be made of a private charitable institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>An application for the renewal of a registration in the register shall be made— (a) in the case of a first application for renewal, in the tenth month after the month in which the registration was made, (b) in any other case, in the tenth month after the month in which, pursuant to this Part of this Act, the last renewal of the registration began to take effect.</div>\n<p class=\"lf-p\">Duration of registration of private charitable institution.</p>\n<p class=\"lf-p\">138.—(1) Where a private charitable institution is registered in the register, it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where an application for renewal of the registration of a private charitable institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application for renewal of the registration of a private charitable institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register— (a) the institution shall be deemed to continue to be registered in the register until the decision is given, (b) if the decision is a decision granting a renewal, such renewal shall have effect as from the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months, reckoned from the time of such expiration.</div>\n<p class=\"lf-p\">Certificate of registration or renewal of registration of private charitable institution.</p>\n<p class=\"lf-p\">139.—Where the Minister registers or renews the registration of a private charitable institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.</p>\n<p class=\"lf-p\">Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.</p>\n<p class=\"lf-p\">140.—(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private charitable institution in the register, refuse to renew the registration of a private charitable institution in the register, or remove a private charitable institution from the register.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private charitable institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where a person informs the Minister under sub-section (2) of this section of his desire to show cause why an order should not be made, the Minister shall, before making such order, give him an opportunity to show cause.</div>\n<p class=\"lf-p\">Grounds for refusal of registration of private charitable institution.</p>\n<p class=\"lf-p\">141.—The following (and no other) shall be the grounds for refusing an application for the registration of a private charitable institution in the register:— (a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution, (b) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position, (c) that the person who will be the person in charge of the institution does not undertake to reside therein, (d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put, (e) that the Minister is satisfied that the persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister, (f) that the Minister is satisfied that the institution will not be carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost, (g) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this part of this Act are not furnished within a reasonable time or are refused to be furnished.</p>\n<p class=\"lf-p\">Grounds for refusing renewal of registration of private charitable institution.</p>\n<p class=\"lf-p\">142.—The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private charitable institution in the register:— (a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution, (b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position, (c) that the Minister is satisfied that the person in charge of the institution does not reside therein, (d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put, (e) that the Minister is satisfied that the persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister, (f) that the Minister is satisfied that the care or treatment afforded to such persons has been inadequate, (g) that the Minister is satisfied that the food given to such persons has been unsuitable or inadequate, (h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership, (i) that there has been a conviction in relation to the institution of any offence under this Act, (j) that the Minister is satisfied that the institution is not carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost, (k) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.</p>\n<p class=\"lf-p\">Grounds for removal of private charitable institution from register.</p>\n<p class=\"lf-p\">143.—The following (and no other) shall be the grounds for removing a private charitable institution from the register:— (a) that the person carrying on the institution is not a fit person to carry on the institution, (b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position, (c) that the Minister is satisfied that the person in charge of the institution does not reside therein, (d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put, (e) that the Minister is satisfied that the persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister, (f) that the Minister is satisfied that the care or treatment afforded to such persons has been inadequate, (g) that the Minister is satisfied that the food given to such persons has been unsuitable or inadequate, (h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership, (i) that there has been a conviction in relation to the institution of any offence under this Act, (j) that the Minister is satisfied that the institution is not carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost.</p>\n<p class=\"lf-p\">Continuation of certain powers after removal of private charitable institution from register or after registration not being renewed.</p>\n<p class=\"lf-p\">144.—Where a private charitable institution registered in the register is removed therefrom or the registration of a private charitable institution registered in the register is not renewed, the powers conferred by this Act on the Minister and on the Inspector of Mental Hospitals in relation to the institution and the provisions of this Act in relation to the discharge, removal, and transfer of the patients in the institution shall continue in force for a period of three months thereafter and it shall be lawful to carry on the institution during that period for the purposes of effecting such discharge, removal and transfer.</p>\n<p class=\"lf-p\">Disqualification from being member of governing, body of private charitable institution.</p>\n<p class=\"lf-p\">145.—Where a governing body manages a private charitable institution registered in the register, no medical or other officer and no servant of the institution shall be a member of the governing body unless he is the owner or part owner of the institution, or is a member of a religious community on whose behalf the institution is carried on or the Minister consents to his being a member of the governing body.</p>\n<p class=\"lf-p\">Provisions consequent upon transfer, etc., of private charitable institution.</p>\n<p class=\"lf-p\">146.—Where a private charitable institution registered in the register ceases, consequent upon any transfer, death, or other event, to be carried on by the registered proprietor, the person (if any) who continues to carry on the institution shall, on making written application to the Minister not later than fourteen days after such cesser and provided he is approved of by the Minister, be entitled to have his name entered in the register as the registered proprietor, and such person shall, on making such application, be deemed to be the registered proprietor as from such cesser until the Minister decides such application.</p>\n<p class=\"lf-p\">Striking out or correction of registration of private charitable institution.</p>\n<p class=\"lf-p\">147.—The Minister shall— (a) strike out a registration in the register which has ceased to have effect, (b) from time to time make such corrections in the registrations in the register as he ascertains to be proper.</p>\n<p class=\"lf-p\">Addition to or alteration of premises of private charitable institution.</p>\n<p class=\"lf-p\">148.—No addition to or structural alteration of the premises of a private charitable institution registered in the register shall be made unless— (a) written notice of the addition or alteration, accompanied by the prescribed plans thereof, is given to the Minister, and (b) the Minister consents to the carrying out of the addition or alteration.</p>\n<p class=\"lf-p\">Keeping of plans of premises of private charitable institution available for inspection.</p>\n<p class=\"lf-p\">149.—Where any plan in relation to the premises of a private charitable institution registered in the register has been submitted to the Minister under this Part of this Act either for the purposes of obtaining the registration of the institution or otherwise, a copy of such plan shall be kept available in the institution for inspection by any person authorised by the Minister to inspect such copy.</p>\n<p class=\"lf-p\">Restriction on number of patients in private charitable institution.</p>\n<p class=\"lf-p\">150.—The number of male persons or female persons of unsound mind taken care of in a private charitable institution registered in the register shall not exceed the number specified in that behalf in the register.</p>\n<p class=\"lf-p\">Visitation of private charitable institution.</p>\n<p class=\"lf-p\">151.—(1) The Minister may make regulations requiring the visitation by registered medical practitioners of private charitable institutions registered in the register and prescribing the duties to be performed by such practitioners, and any such regulations may relate to all those institutions, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, in relation to a private charitable institution registered in the register, there is a failure to comply with any regulation for the time being in force under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.</div>\n<p class=\"lf-p\">Register of patients in private charitable institution.</p>\n<p class=\"lf-p\">152.—There shall be kept, in respect of a private charitable institution registered in the register, a register in the prescribed form in which the prescribed particulars in regard to every person of unsound mind taken care of in the institution shall be entered.</p>\n<p class=\"lf-p\">Regulations governing carrying on of private charitable institutions, etc.</p>\n<p class=\"lf-p\">153.—(1) The Minister may make regulations— (a) governing the carrying on of private charitable institutions registered in the register, (b) prescribing the medical staffs to be employed in connection with such institutions, (c) prescribing records to be kept in respect of such institutions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Regulations under this section may relate to all private charitable institutions registered in the register, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, in relation to a private charitable institution registered in the register, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.</div>\n<p class=\"lf-p\">Abstract of accounts.</p>\n<p class=\"lf-p\">154.—(1) Before the 31st day of March in each year, there shall be submitted to the Minister in respect of a private charitable institution registered in the register an abstract of the accounts of the institution for the year ending on the preceding 31st day of December.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An abstract under this section shall be in a form approved of by the Minister, shall show the particulars indicated or required by that form, and shall be certified as correct by the auditor who audited the accounts to which it relates.</div>\n<h3 class=\"lf-part\">PART XII.</h3>\n<p class=\"lf-p\">Authorised Institutions.</p>\n<p class=\"lf-p\">Register of patients in authorised institution.</p>\n<p class=\"lf-p\">155.—There shall be kept in respect of an authorised institution— (a) a register in the prescribed form in which the prescribed particulars, in regard to every person of unsound mind taken care of in the institution shall be entered, and (b) such other records as may be prescribed.</p>\n<p class=\"lf-p\">Requisition to remedy defects.</p>\n<p class=\"lf-p\">156.—(1) Where the Minister is satisfied— (a) that the person in charge of an authorised institution is not fit for that position, or (b) that the persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister, or (c) that the food given to such persons is unsuitable or inadequate, or (d) that the number of such persons is too great having regard to the size of the premises of the institution, or (e) that the premises of the institution require repair, the Minister may by order require the person carrying on the institution to do all such things and take all such steps as the Minister considers proper in the circumstances.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where in relation to any authorised institution there is a contravention by act or omission of any order under this section applicable to such institution, the person carrying on the institution shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.</div>\n<p class=\"lf-p\">Requisition not to use authorised institution for taking care of persons of unsound mind.</p>\n<p class=\"lf-p\">157.—(1) The Minister may by order require that any authorised institution in relation to which there has been a conviction of an offence under the next preceding section shall not be used after a specified date for the care, maintenance or treatment of persons of unsound mind and, if it is so used after that date, the person carrying on the institution shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, where the offence is a continuing offence, a further fine not exceeding five pounds for each day on which the offence is continued.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Minister may by order revoke an order made under sub-section (1) of this section.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an order is made under sub-section (1) of this section, the powers conferred by this Act on the Minister and on the Inspector of Mental Hospitals in relation to the authorised institution to which the order relates and the provisions of this Act in relation to the discharge, removal, and transfer of the patients in such institution shall continue in force for a period of three months after the date specified in the order as the date as on and from which such institution shall not be used for the taking care of patients and it shall be lawful to carry on such institution during that period for the purpose of effecting such discharge, removal and transfer.</div>\n<h3 class=\"lf-part\">PART XIII.</h3>\n<p class=\"lf-p\">Approved Institutions.</p>\n<p class=\"lf-p\">Approval by order of the Minister.</p>\n<p class=\"lf-p\">158.—(1) The Minister may by order (in this section referred to as an approval order) approve of any institution or premises as an institution or premises for the reception of persons as temporary patients, or for the reception of persons as voluntary patients, or for the reception of persons as temporary patients and the reception of persons as voluntary patients.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application for an approval order shall be made by the person carrying on the institution or premises in respect of which the order is sought in the prescribed form and manner and shall contain the prescribed particulars.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where application is made for an approval order, the Minister may require the applicant to furnish such plans and other documents relating to the institution or premises in respect of which the order is sought as the Minister considers necessary for the consideration of the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Minister may cause an inspection to be made of an institution or premises in respect of which an approval order is sought and a report on the inspection to be furnished to him.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Minister may attach such conditions as he thinks proper to an approval order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The Minister may by order revoke an approval order for any reason which he considers sufficient, including, in particular, any breach of a condition attached thereto.</div>\n<p class=\"lf-p\">Restriction on reception of persons as temporary and voluntary patients.</p>\n<p class=\"lf-p\">159.—(1) No person shall be received as a temporary patient in an institution or premises unless the institution or premises is or are approved of under this Part of this Act for the reception of temporary patients.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>No person shall be received as a voluntary patient in an institution or premises unless the institution or premises is or are approved of under this Part of this Act for the reception of voluntary patients.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, in relation to an institution or premises which is not or are not a mental institution, there is a contravention of this section, the person carrying on the institution or premises shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.</div>\n<p class=\"lf-p\">Register of patients in approved institution.</p>\n<p class=\"lf-p\">160.—There shall be kept, in respect of an approved institution, a register in the prescribed form in which the prescribed particulars in regard to every person received as a temporary patient and every person received as a voluntary patient in such institution shall be entered.</p>\n<p class=\"lf-p\">Regulations governing carrying on of approved institutions.</p>\n<p class=\"lf-p\">161.—(1) The Minister may make regulations— (a) governing the carrying on of approved institutions with respect to persons received therein as temporary patients or voluntary patients, (b) prescribing the medical staffs to be employed in approved institutions in the treatment of persons received therein as temporary patients or voluntary patients, (c) prescribing records to be kept in approved institutions in relation to persons received therein as temporary patients or voluntary patients.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Regulations under this section may relate to all approved institutions, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, in relation to any approved institution, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the person carrying on the institution shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.</div>\n<h3 class=\"lf-part\">PART XIV.</h3>\n<p class=\"lf-p\">Reception Orders.</p>\n<h3 class=\"lf-part\">Chapter I.</h3>\n<p class=\"lf-p\">Chargeable Patient Reception Orders.</p>\n<p class=\"lf-p\">Application for recommendation for reception.</p>\n<p class=\"lf-p\">162.—(1) Where it is desired to have a person received and detained as a person of unsound mind and as a chargeable patient in the district mental hospital for the mental hospital district in which he ordinarily resides, application in the prescribed form may be made to the authorised medical officer for a recommendation (in this Act referred to as a recommendation for reception) for the reception and detention of such person as a person of unsound mind in such district mental hospital.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application for a recommendation for reception may be made— (a) by the husband or wife or a relative of the person to whom the application relates, or (b) at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, or (c) subject to the provisions of the next following sub-section, by any other person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application for a recommendation for reception is not made by the husband or wife or a relative of the person to whom the application relates or, at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>An application for a recommendation for reception shall not be made unless the applicant is at least twenty-one years of age and has, within fourteen days before making the application, seen the person to whom the application relates.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>An application for a recommendation for reception shall be accompanied by a statement of particulars relative to the person to whom the application relates in the prescribed form.</div>\n<p class=\"lf-p\">Making of recommendation for reception.</p>\n<p class=\"lf-p\">163.—(1) Where application is made for a recommendation for reception, the authorised medical officer shall within twenty-four hours after receipt of the application— (a) visit and examine the person to whom the application relates, and (b) after such examination, either— (i) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, make the recommendation in the prescribed form, or (ii) in any other case, refuse the application.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The following provisions shall have effect in relation to a recommendation for reception:— (a) the recommendation shall state the date of the examination by the authorised medical officer of the person to whom the recommendation relates and shall be signed on the date of such examination; (b) the recommendation shall contain a certificate that such person is of unsound mind, is a proper person to be taken charge of and detained under care and treatment, and is unlikely to recover within six months from the date of such examination; (c) the recommendation shall contain a statement of the facts upon which the authorised medical officer has formed his opinion that such person is a person of unsound mind, distinguishing facts observed by himself and facts communicated by others.</div>\n<p class=\"lf-p\">Disclosure of previous application for recommendation for reception.</p>\n<p class=\"lf-p\">164.—(1) Where, subsequent to the refusal of an application for a recommendation for reception, any further application for a recommendation for reception is made in relation to the same person, the applicant, so far as he is aware of the facts relating to the previous application and its refusal, shall state those facts to the authorised medical officer.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Any person who fails to comply with the requirements of sub-section (1) of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.</div>\n<p class=\"lf-p\">Removal to Gárda Síochána station of person believed to be of unsound mind and requiring control, etc.</p>\n<p class=\"lf-p\">165.—(1) Where a member of the Gárda Síochána is of opinion that it is necessary that a person believed to be of unsound mind should, for the public safety or the safety of the person himself, be placed forthwith under care and control, he may take the person into custody and remove him to a Gárda Síochána station.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a member of the Gárda Síochána removes a person under this section, he shall apply forthwith in the prescribed form to the authorised medical officer for a recommendation (in this Act also referred to as a recommendation for reception) for the reception and detention of the person as a person of unsound mind in the district mental hospital for the mental hospital district in which the person ordinarily resides.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where application is made under this section to the authorised medical officer for a recommendation for reception, such officer shall forthwith examine the person to whom the application relates and shall thereupon either— (a) if he is satisfied that it is proper to make the recommendation, make it in the prescribed form, or (b) in any other case, refuse the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where a recommendation for reception is made under this section in relation to any person, the appropriate assistance officer shall be regarded as the applicant for the recommendation.</div>\n<p class=\"lf-p\">Person believed to be of unsound mind not under proper care, etc.</p>\n<p class=\"lf-p\">166.—(1) Where the appropriate assistance officer is informed or knows that a person believed to be of unsound mind is not under proper care or control or is neglected or cruelly treated by any relative or other person having the care or charge of him, such officer shall apply in the prescribed form to the authorised medical officer for a recommendation (in this Act also referred to as a recommendation for reception) for the reception and detention of the person believed to be of unsound mind as a person of unsound mind in the district mental hospital for the mental hospital district in which such person ordinarily resides.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>If the person to whom an application under this section relates is a person of no fixed residence and the appropriate assistance officer reports the matter to the member of the Gárda Síochána in charge of the Gárda Síochána station for the Gárda Síochána sub-district in which the person is for the time being, such member of the Gárda Síochána may take the person into custody and remove him to such Gárda Síochána station for the purpose of his examination by the authorised medical officer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application is made under this section for a recommendation for reception, the authorised medical officer shall forthwith visit and examine the person to whom the application relates and shall thereupon either— (a) if he is satisfied that it is proper to make the recommendation, make it in the prescribed form, or (b) in any other case, refuse the application.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Any person, who obstructs or impedes the authorised medical officer in the exercise of his powers under this section of visiting and examining any person or who obstructs or impedes the appropriate assistance officer in the removal of any person to a district mental hospital in pursuance of a recommendation for reception made under this section, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.</div>\n<p class=\"lf-p\">Effect of recommendation for reception.</p>\n<p class=\"lf-p\">167.—(1) Where a recommendation for reception is made, the applicant for the recommendation or any person authorised by him or, in the case of a recommendation for reception made under section 165 of this Act, any member of the Gárda Síochána may, subject to the provisions of this section, take the person to whom the recommendation relates and convey him to the district mental hospital mentioned in the recommendation.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, after the making of a recommendation for reception, the person to whom the recommendation relates is not conveyed to the district mental hospital mentioned in the recommendation within seven clear days after the day on which the recommendation is made, the recommendation shall cease to have effect.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Notwithstanding anything contained in sub-section (2) of this section, where, within seven clear days after the day on which a recommendation for reception is made, the authorised medical officer certifies that the person to whom the recommendation relates will not be fit to be removed until after the expiration of such seven clear days, the recommendation shall not cease to have effect on the expiration of such seven clear days, but, if such person is not conveyed within a further seven clear days to the district mental hospital mentioned in the recommendation, the recommendation shall then cease to have effect.</div>\n<p class=\"lf-p\">Co-operation in removal upon making of recommendation for reception.</p>\n<p class=\"lf-p\">168.—The mental hospital authority maintaining the district mental hospital mentioned in a recommendation for reception may co-operate with the applicant for the recommendation, or with any relative or guardian of the person to whom the recommendation relates, in making arrangements for the removal of such person to the hospital.</p>\n<p class=\"lf-p\">Certificate by authorised medical officer making recommendation for reception that escort is necessary, etc.</p>\n<p class=\"lf-p\">169.—Where the authorised medical officer making a recommendation for reception certifies that the case is one in which an escort is required to ensure the safe conveyance of the person to whom the recommendation relates— (a) the person to whom the certificate is issued may present it to the resident medical superintendent of the district mental hospital mentioned in the recommendation and thereupon the resident medical superintendent may, in his discretion, arrange for such escort as may be necessary, (b) if the resident medical superintendent decides not to provide an escort, the person to whom the certificate is issued may present it to the member of the Gárda Síochána in charge of any Gárda Síochána station and thereupon that member shall arrange for such escort as may be necessary.</p>\n<p class=\"lf-p\">Payment of cost of conveyance upon making of recommendation for reception.</p>\n<p class=\"lf-p\">170.—(1) The appropriate assistance officer shall defray the reasonable expenses of the conveyance of the person to whom a recommendation for reception relates to the district mental hospital mentioned in the recommendation save where such person is conveyed thereto by a member of the Gárda Síochána.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Expenses defrayed under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person conveyed.</div>\n<p class=\"lf-p\">Chargeable patient reception order.</p>\n<p class=\"lf-p\">171.—(1) Where a person is removed to a district mental hospital in pursuance of a recommendation for reception, the resident medical superintendent of the hospital or another medical officer of the hospital acting on his behalf shall, on the arrival of the person at the hospital and on presentation of the recommendation, examine the person, and shall thereupon either— (a) if he is satisfied that the person is a person of unsound mind and is a proper person to be taken charge of and detained under care and treatment, forthwith make in the prescribed form an order (in this Act referred to as a chargeable patient reception order) for the reception and detention of the person as a person of unsound mind in the hospital, or (b) in any other case, refuse to make such order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a chargeable patient reception order is made, the applicant for the recommendation for reception in consequence of which the order was made, shall, for the purposes of this Act, be regarded as the applicant for the order.</div>\n<p class=\"lf-p\">Effect of chargeable patient reception order.</p>\n<p class=\"lf-p\">172.—(1) Where a chargeable patient reception order is made, any of the persons mentioned in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until his removal or discharge by proper authority or his death and, in case of his escape, retake him within twenty-eight days thereafter and again detain him as aforesaid.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The persons entitled to receive, take charge of, detain, and retake a person under this section shall be— (a) the mental hospital authority maintaining the district mental hospital mentioned in the relevant chargeable patient reception order, (b) the resident medical superintendent of such hospital, (c) the other officers and the servants of such hospital.</div>\n<p class=\"lf-p\">Statement of reasons for refusal of chargeable patient reception order.</p>\n<p class=\"lf-p\">173.—(1) Where a resident medical superintendent or other medical officer of a district mental hospital refuses to make a chargeable patient reception order, he shall give to the applicant for the relevant recommendation for reception a statement in writing under his hand of the reasons for the refusal, shall send a copy of the statement to the Minister, and shall give the Minister all such additional information as the Minister may require as to the circumstances of the refusal.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>On a refusal to make a chargeable patient reception order, the Minister may communicate such facts relative to the refusal as he thinks proper to the person in relation to whom the order was sought or to any other bona fide inquirer.</div>\n<p class=\"lf-p\">Amendment of recommendation for reception or chargeable patient reception order.</p>\n<p class=\"lf-p\">174.—(1) Where a recommendation for reception is found, within twenty-one days after the reception of the person to whom the recommendation relates into the district mental hospital mentioned in the recommendation, to be in any respect incorrect or defective, the resident medical superintendent of the hospital may refer the recommendation to the person by whom it was made for amendment, and that person may, with the consent of the Minister, amend the recommendation within such twenty-one days.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where a chargeable patient reception order is found, within twenty-one days after the reception of the person to whom the order relates, to be in any respect incorrect or defective, the person by whom the order was made may, with the consent of the Minister, amend the order within such twenty-one days.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, within twenty-one days after the reception of a person in a district mental hospital consequent upon a recommendation for reception, the Minister is satisfied that the recommendation for reception or the chargeable patient reception order in pursuance of which such person is detained is in any respect incorrect or defective, the Minister may, by notice in writing given to the resident medical superintendent of the hospital, require the recommendation or order to be amended under this section, and, if it is not so amended to the satisfaction of the Minister within such twenty-one days, the Minister may, if he so thinks fit, direct that such person shall be discharged and if the Minister so directs, such person shall be discharged accordingly.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where an amendment is made under this section in a recommendation for reception or in a chargeable patient reception order, the recommendation or order shall have effect as if the amendment had been contained in it when it was signed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where, within twenty-one days after the reception of a person in a district mental hospital consequent upon a recommendation for reception, the recommendation or the chargeable patient reception order in pursuance of which such person is detained is found to be incorrect or defective, the resident medical superintendent of the hospital and the other persons mentioned in section 172 of this Act shall have in relation to such person the powers specified in that section during such twenty-one days.</div>\n<p class=\"lf-p\">Expenses of Gárda Síochána under Chapter I of Part XIV.</p>\n<p class=\"lf-p\">175.—(1) The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána under this Chapter of this Part of this Act in connection with the removal of a person for examination or in connection with the removal of a person to a district mental hospital:— (a) such expenses shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas, (b) such expenses shall be repaid to the Minister for Justice by the public assistance authority for the public assistance district in which the person ordinarily resides and, in default of being so repaid, shall be recoverable as a simple contract debt in any court of competent jurisdiction, (c) any amount repaid or recovered as aforesaid shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Expenses repaid under this section by a public assistance authority shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by such authority as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person removed.</div>\n<p class=\"lf-p\">Cases of urgency, etc.</p>\n<p class=\"lf-p\">176.—Where— (a) it is desired, in a case of urgency, to have a person received and detained as a person of unsound mind and as a chargeable patient in the district mental hospital for the mental hospital district in which he is for the time being, not being the mental hospital district in which he ordinarily resides, or (b) it is desired, in a case where the mental hospital district in which a person ordinarily resides cannot be ascertained readily, to have such person received and detained as a person of unsound mind and as a chargeable patient in the district mental hospital for the mental hospital district in which he is for the time being, this Chapter of this Part of this Act shall, without prejudice to section 108 of this Act, be applicable for the purpose of having such person so received and detained in like manner as if he ordinarily resided in the mental hospital district and the dispensary district in which he is for the time being.</p>\n<h3 class=\"lf-part\">Chapter II.</h3>\n<p class=\"lf-p\">Private Patient Reception Orders.</p>\n<p class=\"lf-p\">Application for private patient reception order.</p>\n<p class=\"lf-p\">177.—(1) Where it is desired to have a person received and detained as a person of unsound mind in a private institution, an authorised institution, or a private charitable institution, application may be made in the prescribed form to a registered medical practitioner for an order (in this Act referred to as a private patient reception order) to have such person received and detained as a person of unsound mind in such institution.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where it is desired to have a person received and detained as a person of unsound mind and as a private patient in a district mental hospital, application may be made in the prescribed form to a registered medical practitioner for an order (in this Act also referred to as a private patient reception order) to have such patient received and detained as a person of unsound mind in such hospital.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>An application for a private patient reception order may be made— (a) by the husband or wife or a relative of the person to whom the application relates, or (b) subject to the provisions of the next following sub-section, by any other person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where an application for a private patient reception order is not made by the husband or wife or a relative of the person to whom the application relates, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with such person, and of the circumstances in which the application is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>An application for a private patient reception order shall not be made unless the applicant is at least twenty-one years of age and has, within fourteen days before making the application, seen the person to whom the application relates.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>An application for a private patient reception order shall be accompanied by a statement of particulars relative to the person to whom the application relates in the prescribed form.</div>\n<p class=\"lf-p\">Making of private patient reception order.</p>\n<p class=\"lf-p\">178.—(1) A registered medical practitioner who accepts an application made to him for a private patient reception order shall arrange with another registered medical practitioner for two separate examinations, one by himself and the other by such other practitioner, of the person to whom the application relates and, after such examinations, the practitioners shall either— (a) if they are each separately satisfied that it is proper to make the order, forthwith make it in the prescribed form, or (b) in any other case, refuse to make the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The following provisions shall have effect in relation to a private patient reception order:— (a) the order shall not be signed by the applicant for the order or by 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, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of the applicant for the order, or of the person to whom the order relates; (b) the order shall state the date or dates of the medical examination under this section of the person to whom the order relates; (c) the order shall certify that the person to whom the application relates is of unsound mind, is a proper person to be taken charge of and detained under care and treatment, and is unlikely to recover within six months from the date of the order; (d) the order shall state the facts upon which the registered medical practitioners signing, the order have formed the opinion that the person to whom the order relates is of unsound mind, distinguishing facts observed personally and facts communicated by others; (e) the order shall not be made after the seventh day after the day on which it is applied for.</div>\n<p class=\"lf-p\">Restriction on receptions under private patient reception orders.</p>\n<p class=\"lf-p\">179.—(1) No person shall be received under a private patient reception order as a person of unsound mind in a mental institution if the order has been made by or on the application of any of the following persons:— (a) a member of the governing body of or the person carrying on or in charge of the institution; (b) any person interested in the payments (if any) to be made on account of the taking care of the person proposed to be received; (c) any registered medical practitioner who is a regular medical attendant at the institution; (d) 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, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of any of the persons mentioned in the foregoing paragraphs of this sub-section.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In paragraph (a) of sub-section (1) of this section, the reference to a member of the governing body of an institution does not include a reference to a member of a mental hospital authority.</div>\n<p class=\"lf-p\">Disclosure of previous application for private patient reception order.</p>\n<p class=\"lf-p\">180.—(1) Where, subsequent to the refusal of an application for a private patient reception order, any further application for a private patient reception order is made in relation to the same person, the applicant, so far as he is aware of the facts relating to the previous application and its refusal, shall state those facts to the registered medical practitioner to whom he makes the application.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Any person who fails to comply with the requirements of sub-section (1) of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.</div>\n<p class=\"lf-p\">Effect of private patient reception order.</p>\n<p class=\"lf-p\">181.—(1) Where a private patient reception order is made, the following provisions shall, subject to the provisions of this section, have effect:— (a) the applicant for the order or any person authorised by him may take the person to whom the order relates and convey him to the mental institution mentioned in the order; (b) any of the persons specified in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until his removal or discharge by proper authority or his death and, in case of his escape, retake him within twenty-eight days thereafter and again detain him as aforesaid.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The persons entitled to receive, take charge of, detain, and retake a person under this section shall be the person carrying on the mental institution mentioned in the relevant private patient reception order and his officers, assistants, and servants and any medical officer of such institution.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where, after the making of a private patient reception order, the person to whom the order relates is not conveyed to the mental institution mentioned in the order within seven clear days after the day on which the order is made, the order shall cease to have effect.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Notwithstanding anything contained in sub-section (3) of this section, where, within seven clear days after the day on which a private patient reception order is made, the registered medical practitioner to whom the application for the order was made, or, in his absence or incapacity, some other registered medical practitioner, certifies that the person to whom the order relates will not be fit to be removed until after the expiration of such seven clear days, the order shall not cease to have effect on the expiration of such seven clear days, but, if such person is not conveyed within a further seven clear days to the mental institution mentioned in the order, the order shall then cease to have effect.</div>\n<p class=\"lf-p\">Amendment of private patient reception order.</p>\n<p class=\"lf-p\">182.—(1) Where a private patient reception order is found, within twenty-one days after the reception of the person to whom the order relates, to be in any respect incorrect or defective, the registered medical practitioners by whom the order was made may, with the consent of the Minister, amend the order within such twenty-one days.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where, within twenty-one days after a private patient reception order is made, the Minister is satisfied that the order is in any respect incorrect or defective, the Minister may, by notice in writing given to the person in charge of the relevant mental institution, require the order to be amended under this section, and, if the order is not so amended to the satisfaction of the Minister within such twenty-one days, the Minister may, if he so thinks fit, direct that the person to whom the order relates shall be discharged and, if the Minister so directs, such person shall be discharged accordingly.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an amendment is made under this section in a private patient reception order, the order shall have effect as if the amendment had been contained in it when it was signed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Where, within twenty-one days after a reception in a mental institution in pursuance of a private patient reception order, the order is found to be incorrect or defective, the person carrying on the institution and the other persons mentioned in sub-section (2) of section 181 of this Act shall have in relation to the person to whom the order relates the powers specified in sub-section (1) of that section during such twenty-one days.</div>\n<p class=\"lf-p\">Certificate by registered medical practitioners making private-patient reception order that escort is necessary, etc.</p>\n<p class=\"lf-p\">183.—(1) Where the registered medical practitioners making a private patient reception order certify that the case is one in which an escort is required to ensure the safe conveyance of the person to whom the order relates, the person to whom the certificate is issued may present it to the member of the Gárda Síochána in charge of any Gárda Síochána station and thereupon that member shall arrange for such escort as may be necessary.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána in providing an escort under this section:— (a) such expenses shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas, (b) such expenses shall be repaid to the Minister for Justice by the applicant for the escort and, in default of being so repaid, shall be recoverable as a simple contract debt in any court of competent jurisdiction, (c) any amount so repaid or recovered shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.</div>\n<h3 class=\"lf-part\">Chapter III.</h3>\n<p class=\"lf-p\">Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders.</p>\n<p class=\"lf-p\">Application for and making of temporary chargeable patient reception order.</p>\n<p class=\"lf-p\">184.—(1) Where it is desired to have a person received and detained as a temporary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which temporary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, application may be made in the prescribed form to the person in charge of such institution for an order (in this Act referred to as a temporary chargeable patient reception order) to have such person received and detained as a temporary patient and as a chargeable patient in such institution.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application under this section may be made— (a) by the husband or wife or a relative of the person to whom the application relates, or (b) at the request of the husband or wife or a relative of the person to whom the application relates, by the appropriate assistance officer, or (c) subject to the provisions of the next following sub-section, by any other person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates or, at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>An application under this section shall be accompanied by a certificate in the prescribed form of the authorised medical officer certifying that he has examined the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either— (a) that such person— (i) is suffering from mental illness, and (ii) requires, 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) that such person— (i) is an addict, and (ii) requires, for his recovery, at least six months' preventive and curative treatment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>After consideration of an application for a temporary chargeable patient reception order and of the certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form.</div>\n<p class=\"lf-p\">Application for and making of temporary private patient reception order.</p>\n<p class=\"lf-p\">185.—(1) Where it is desired to have a person received and detained in an approved institution as a temporary patient and as a private patient, application may be made in the prescribed form to the person in charge of the institution for an order (in this Act referred to as a temporary private patient reception order) to have such person received and detained as a temporary patient and as a private patient in such institution.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An application under this section may be made— (a) by the husband or wife or a relative of the person to whom the application relates, or (b) subject to the provisions of the next following sub-section, by any other person.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>An application under this section shall be accompanied by a certificate in the prescribed form signed by two registered medical practitioners certifying that each of them has examined separately the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either— (a) that such person— (i) is suffering from mental illness, and (ii) requires, 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) that such person— (i) is an addict, and (ii) requires, for his recovery, at least six months' preventive and curative treatment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>A certificate under the next preceding sub-section shall not be given by a registered medical practitioner who is— (a) the person in charge of the approved institution in which the person in respect of whom the certificate is given is to be received, or (b) a person in the employment of the person in charge of such institution, or (c) a person having an interest in such institution.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>After consideration of an application for a temporary private patient reception order and of the medical certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form.</div>\n<p class=\"lf-p\">Effect of temporary chargeable patient reception order or temporary private patient reception order.</p>\n<p class=\"lf-p\">186.—(1) Where a temporary chargeable patient reception order or a temporary private patient reception order is made, the following provisions shall have effect:— (a) the applicant for the order or any person authorised by him may, not later than seven days after the date on which the order is made, take the person to whom the order relates and convey him to the approved institution mentioned in the order; (b) any of the persons specified in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until the expiration of a period of six months from the date on which the order is made or his earlier removal or discharge by proper authority or death and, in case of his escape, retake him within twenty-eight days thereafter (but not after the expiration of the said period of six months) and complete the detention aforesaid.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The persons entitled to receive, take charge of, and retake a person under this section shall be the person in charge of the approved institution mentioned in the relevant reception order and his officers, assistants, and servants and any medical officer of such institution.</div>\n<p class=\"lf-p\">Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.</p>\n<p class=\"lf-p\">187.—(1) The appropriate assistance officer shall defray the reasonable expenses of the conveyance of the person to whom a temporary chargeable patient reception order relates to the approved institution mentioned in the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Expenses defrayed under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person conveyed.</div>\n<p class=\"lf-p\">Co-operation in removal upon making of temporary chargeable patient reception order.</p>\n<p class=\"lf-p\">188.—The mental hospital authority maintaining a district mental hospital mentioned in a temporary chargeable patient reception order may co-operate with the applicant for the order, or with any relative or guardian of the person to whom the order relates, in making arrangements for the removal of such person to the hospital.</p>\n<p class=\"lf-p\">Extension of period of detention of temporary patient.</p>\n<p class=\"lf-p\">189.—(1) Where the chief medical officer of an approved institution becomes of opinion that a person detained in the institution under a temporary chargeable patient reception order or a temporary private patient reception order will not have recovered on the expiration of the period during which, pursuant to paragraph (b) of sub-section (1) of section 186 of this Act, he may be detained— (a) the person in charge of the institution may request the Minister to extend the said period, (b) where such request is made, the Minister, if he so thinks fit, may by order extend the said period by a further period not exceeding six months or by a series of orders extend it by further periods none of which shall exceed six months and the aggregate of which shall not exceed eighteen months, (c) where the Minister makes any such order or orders, paragraph (b) of sub-section (1) of section 186 of this Act shall have effect subject to the extension of the said period effected by such order or orders.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In sub-section (1) of this section, the reference to a chief medical officer shall, where the relevant approved institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person detained.</div>\n<h3 class=\"lf-part\">PART XV.</h3>\n<p class=\"lf-p\">Reception of Persons into Approved Institutions as Voluntary Patients.</p>\n<p class=\"lf-p\">Application for reception as voluntary patient and as chargeable patient.</p>\n<p class=\"lf-p\">190.—(1) Where it is desired to have a person received as a voluntary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which voluntary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, the appropriate applicant may make application in that behalf in the prescribed form to the person in charge of such institution.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In sub-section (1) of this section, the expression “the appropriate applicant” means— (a) where the person whose reception is sought is less than sixteen years of age—the parent or guardian of such person, (b) in any other case—such person himself.</div></div>", "next": 239682}