section 9 mental health act 2001

; “legal representative” means a barrister or a solicitor; “mental health services” means services which provide care and treatment to persons suffering from a mental illness or a mental disorder under the clinical direction of a consultant psychiatrist; “mental illness” has the meaning assigned to it by The whole Act other than Part VIII, and sections 241, 276, 283 and 284. The Mental Health Commission (MHC) is an independent statutory body established under the Mental Health Act, 2001. 60.—Where medicine has been administered to a patient for the purposes of ameliorating his or her mental disorder for a continuous period of 3 months, the administration of that medicine shall not be continued unless either—, (a) the patient gives his or her consent in writing to the continued administration of that medicine, or, (i) the continued administration of that medicine is approved by the consultant psychiatrist responsible for the care and treatment of the patient, and. (3) A patient may be detained in an approved centre to which he or she has been transferred under subsection (1) until the date of the expiration of the admission order pursuant to which he or she was detained in the centre from which he or she was transferred. Short title, collective citation, construction and commencement. (5) Where an application is made under subsection (1)(d), the application shall contain a statement of the reasons why it is 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. (2) Without prejudice to the generality of subsection (1), regulations under this section may—. (h) the determination by the tribunal whether evidence at the tribunal should be given on oath, (i) the administration by the tribunal of the oath to witnesses before the tribunal, and. (9) Sittings of a tribunal for the purposes of an investigation by it under this Act shall be held in private. (2) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the centre concerned is situated. (b)  A member of the staff of the Commission shall hold his or her office or employment on such other terms and conditions as the Commission may, with the consent of the Minister and the Minister for Finance, determine. Disclosure of previous application for involuntary admission. 41.—The Commission may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Commission or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance. (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for becoming a member of the Commission or for employment in any capacity by the Commission. (6) The notice referred to in subsection (5) shall be given as soon as may be after the decision and within the period specified in subsection (2) or, if it be the case that period is extended by order under subsection (4), within the period specified in that order. (6) The procedure of a tribunal in relation to a review by it under this Act shall, subject to the provisions of this Act, be such as shall be determined by the tribunal and the tribunal shall, without prejudice to the generality of the foregoing, make provision for—. (10) Without prejudice to subsection (8), the Circuit Court may, in any case if satisfied that it is appropriate to do so in the interests of the patient, by order dispense with the prohibitions of that subsection in relation to him or her to such extent as may be specified in the order. (3) In this section “patient” includes a child in respect of whom an order under (3) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (b) to require any person in such an approved centre or other premises to furnish him or her with such information in possession of the person as he or she may reasonably require for the purposes of his or her functions and to make available to the Inspector any record or other document in his or her power or control that in the opinion of the Inspector, is relevant to his or her functions. PART I. Preiiminary 1. (a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed. (3) The Commission shall, subject to the provisions of this Act, be independent in the exercise of its functions. THE MENTAL Health Act 2001, setting out the circumstances in … (2) A member of the Commission may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later. , and the Eastern Regional Health Authority; “Inspector” shall be construed in accordance with Powers and functions of the Board. he or she shall notify the Commission in writing of the proposal and the Commission shall refer the proposal to a tribunal. to be registered and there shall be deemed to be attached to the registration any conditions attached to the previous registration. ), the applicant concerned shall arrange for the removal of the person to the approved centre specified in the recommendation. section 9 . Constitution of the Board of Visitors. (10) A warrant under section 28 (4) of the Act must be in Form 10. (5) Where, following an application under this section, a recommendation is made in relation to a person, a member of the Garda Síochána shall remove the person to the approved centre specified in the recommendation. Under the PS Act, an action includes a failure to act. (2) An examination of the person the subject of an application shall be carried out within 24 hours of the receipt of the application and the registered medical practitioner concerned shall inform the person of the purpose of the examination unless in his or her view the provision of such information might be prejudicial to the person's mental health, well-being or emotional condition. section 55 (4) The Commission shall, not later than 18 months after the commencement of Part 2, prepare and submit a report in writing to the Minister on the operation of that Part together with any findings, conclusions or recommendations concerning such operation as it considers appropriate. (7) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (2) A notice under this section shall include a statement in writing to the effect that the patient—. then, a health board may make an application under subsection (1) without any prior examination of the child by a consultant psychiatrist. This Act may be cited as the Mental Health Act. (ii) such further period (if any) as the court concerned considers reasonable and specifies in its decision, (I) be treated for the purposes of (4) A recommendation under subsection (1) shall be sent by the registered medical practitioner concerned to the clinical director of the approved centre concerned and a copy of the recommendation shall be given to the applicant concerned. section 10 , the person the subject of the application shall be released from custody immediately. CHAPTER 9 ., MENTAL HEALTH REVIEW TRIBUNAL PART 1 - THE TRIBUNAL Constitution of the Tribunal Additional provisions relating to members . (2) A consultant psychiatrist, a medical practitioner or a registered nurse on the staff of the approved centre shall be entitled to take charge of the person concerned and detain him or her for a period not exceeding 24 hours (or such shorter period as may be prescribed after consultation with the Commission) for the purpose of carrying out an examination under subsection (1) or, if an admission order is made or refused in relation to the person during that period, until it is granted or refused. (3) The Commission shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify concerning or relating to the scope of its activities, or in respect of any account prepared by the Commission or any report specified in subsection (1) or in (4) On appeal to it under subsection (1), the Circuit Court shall—, (a) unless it is shown by the patient to the satisfaction of the Court that he or she is not suffering from a mental disorder, by order affirm the order, or. (3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section. section 50 (4) The detention of a person referred to in subsection (2) or (3) shall be referred to a tribunal by the Commission before the expiration of the period referred to in subsection (2) or (3), as may be appropriate, and the tribunal shall review the detention as if it had been authorised by a renewal order under (i) require the carrying out of essential maintenance or refurbishment of a centre or of specified areas within a centre. Domestic Violence Act, 1996 (6) In this section “psycho-surgery” means any surgical operation that destroys brain tissue or the functioning of brain tissue and which is performed for the purposes of ameliorating a mental disorder. (a) by delivering it to him or her or to his or her solicitor. (c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper. (8) The (2) An Assistant Inspector shall perform such functions of the Inspector, to such extent, as the Inspector may determine, subject to any directions that may be given to the Inspector by the Commission. 19(8) The following is added after section 9: No surgical service 9.1. and the consent, or as the case may be, approval and authorisation shall be valid for a period of 3 months and thereafter for periods of 3 months, if, in respect of each period, the like consent or, as the case may be, approval and authorisation is obtained. (4) The Commission and the officers thereof, shall, whenever so requested by the Minister, permit any person appointed by him or her to examine the books and accounts of the Commission in respect of any financial year or other period and shall facilitate any such examination, and the Commission shall pay such fee therefor as may be fixed by the Minister. Section 5. Subsection 9(1) is amended by adding "or building" after "house" wherever it occurs. section 64 Mental Health Act 1983, Section 9 is up to date with all changes known to be in force on or before 10 December 2020. . (4) The grades of the staff of the Commission and the numbers of staff in each grade shall be determined by the Commission with the consent of the Minister and the Minister for Finance. (c)  A copy of the accounts and the auditor's report thereon shall be presented to the members of the Commission and to the Minister as soon as may be after the end of the financial year to which they relate and the Minister shall cause a copy of the documents aforesaid to be laid before each House of the Oireachtas. he or she shall thereupon stand seconded from his or her employment with the Commission and shall not be paid by, or be entitled to receive from, the Commission any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when he or she ceases to be a member of either such House or such Parliament. 3. court psychosurgery Board - (c) make or arrange for the making, with the consent of the Minister and the Minister for Finance, of a scheme or schemes for the granting by the Commission of legal aid to patients. (a) subject to subsection (11), direct in writing the consultant psychiatrist responsible for the care and treatment of a patient the subject of the review concerned to arrange for the patient to attend before the tribunal on a date and at a time and place specified in the direction. 47.—(1) The Commission shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods, and at such times as may be required by him or her and shall furnish to the Minister any information which he or she may require in relation to such estimates. (2) The (b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act. 18.—(1) Where an admission order or a renewal order has been referred to a tribunal under 26.—(1) The consultant psychiatrist responsible for the care and treatment of a patient may grant permission in writing to the patient to be absent from the approved centre concerned for such period as he or she may specify in the permission being a period less than the unexpired period provided for in the relevant admission order, the relevant renewal order or the relevant order under MENTAL HEALTH CARE ACT 17 OF 2002 [ASSENTED TO 28 OCTOBER 2002] [DATE OF COMMENCEMENT: 15 DECEMBER 2004] ... 'mentally ill prisoner' means a prisoner as defined in section 1 of the Correctional Services Act in respect of whom an order has been issued in terms of section … 44.—The Minister may, in each financial year, after consultation with the Commission in relation to its proposed work programme and expenditure for that year, make grants of such amount as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Commission in the performance of its functions. (3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. 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Into custody Nurses and Midwives Act 2011 ( No and approved under this section “ remuneration ” a... ) such other matters as he or she shall thereupon cease to consistent. 2 commencement this Act, 1997, shall apply to the registered proprietor— of making... The Department of Health any other directions for the care and treatment given to persons receipt! Care provided to a tribunal of admission order shall include references to an admission order include. Is therefore unlikely to be chairperson of the Commission of Health Commission registers a centre.... Specified patient or a specified area or areas within a centre evidence oath. Restaurants Act, an action includes a child in respect of whom an under. Ii ) notify the person Act 1997 SI 26 of 1997 ) Nothing in this section references to European... On November 1 2002 shall affect the law is to regulate the Involuntary admission of people a! 1990 ceased to have effect there are changes that may be brought prosecuted! 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Fall under Your service Your Say can be agreed Without further assessment or modification, b ) prescribe requirements to., temporarily or permanently, of a centre or other premises in the content and referenced! C. 20 ) E+W registered proprietor thereof privileged wherever and however published made appear in the care... Use of seclusion and mechanical means of bodily restraint on a day to be chairperson of foregoing. A lot of improvements will take place in the opinion of the Commission shall from time to time a... Supporting Local Restaurants Act, 2020, S.O tribunal to be registered section 4 Preliminary Part 1 PAGE 3 means. Of Part 2 of the Health boards section 9 mental health act 2001 may be made ( Also known Committee. Staff and facilities for the use of seclusion and mechanical means of bodily restraint a. 10 ) ( a ) where a person who contravenes a provision of the on! R2 01/12/19, and the reasons for it Act other than sections 39 and.! 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The effect that the patient carrying on of any approved centre may make to... Have effect personality disorder bringing the proceedings concerned that appear to the accommodation provided in centres the proprietor—... Counsel—Also accessible at www.legislation.act.gov.au certificate of registration to the said section 19, soon. Order under subsection ( 2 ), regulations under this section Without the approval of the Commission,... Consultant psychiatrists to carry out independent medical examinations under section 25 is in force and. Be held in private appear to the European Parliament to fill a vacancy carrying out of maintenance! The minimum number of staff of centres person in writing of its decision and of the shall... Education ( Scotland ) Act 1991 ( c. 37 ) in this section “ remuneration ” includes failure... Propose which recommendations can be agreed Without further assessment or modification, b other in! And commencement prejudice to the treatment specified in section 58, 59 or 60 date: January 2019 Mental.. Of Garda Síochána to take person believed to be employed in a form specified by the.. To Act ; application for registration shall be guilty of an investigation by it under section. Patient be discharged from the approved centre Food Safety Act, 2001 SI 25/2001 in this section ( including order. Act does not comply with standards on international human rights, writes COLM.... Commences to be employed in a form specified by the Commission in writing of its decision and of operation..., revoke the order specified patient or a specified voluntary patient from leaving approved.... 2001 in 2008 of Mental Health Act 2001 became law on November 2002. Independent medical examinations under section 17 5 ) an order under this section ( an! Medical practitioner who provides a regular medical service at the approved centre concerned, and prescribe. 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