section 63 section 12 [8th July, 2001]. (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. section 18 (10) On or before the expiration of the period of detention referred to in subsection (9), a further order of detention for a period not exceeding 6 months may be made by the court on the application of the health board and thereafter for periods not exceeding 6 months. (4) The period referred to in subsection (2) may be extended by order by the tribunal concerned (either of its own motion or at the request of the patient concerned) for a further period of 14 days and thereafter may be further extended by it by order for a period of 14 days on the application of the patient if the tribunal is satisfied that it is in the interest of the patient and the relevant admission order, or as the case may be, renewal order shall continue in force until the date of the expiration of the order made under this subsection. (7) A member of a tribunal may resign his or her membership by letter addressed to the Commission and the resignation shall take effect from a date specified therein or upon receipt of the letter by the Commission, whichever is the later. 69.—(1) A person shall not place a patient in seclusion or apply mechanical means of bodily restraint to the patient unless such seclusion or restraint is determined, in accordance with the rules made under subsection (2), to be necessary for the purposes of treatment or to prevent the patient from injuring himself or herself or others and unless the seclusion or restraint complies with such rules. 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. Child Care Act, 1991 The Mental Health Act 2007 came into effect on 16 November 2007, when the Mental Health Act 1990 ceased to have effect. This booklet is available in English, Irish and five other languages. 3 Principal Act (ii) the person shall (if he or she has not done so before such commencement) apply not later than 4 weeks after it to the Commission for the registration of the centre, and, if the application is granted, the date of registration of the centre shall be that of the day following the day of the cesser aforesaid. 9.—(1) Subject to subsection (4) and (6) and (ii) such further period (if any) as the court concerned considers reasonable and specifies in its decision, (I) be treated for the purposes of (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. (11) A member of a tribunal whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of a tribunal. Authority under the Health Act 2007 to monitor compliance with standards under section 8(1)(c) or undertake an investigation under section 9 of the Act, or • To the Inspector of Mental Services who is in the course of an inspection carried out in accordance with section 51 of the Mental Health Act 2001 (3) An application shall be made in a form specified by the Commission. ... ChILd ACt 2001 an act to consolidate and amend the laws relating to the care, ... mental or emotional disabilities or any other status: In section 9(1), “the Director of Area Mental Health Services must make” is modified to “the Director of Area Mental Health Services or duly authorised officer must make”. 16.—(1) Where a consultant psychiatrist makes an admission order or a renewal order, he or she shall, not later than 24 hours thereafter—, (a) send a copy of the order to the Commission, and. (b) Where a proposal is referred to a tribunal under this section, the tribunal shall review the proposal as soon as may be but not later than 14 days thereafter and shall either—, (i) if it is satisfied that it is in the best interest of the health of the patient concerned, authorise the transfer of the patient concerned, or. (3)(e), and. (iii) specify the maximum number of residents which may be accommodated in a centre, or in a specified area or areas within a centre. There may be times where a complaint contains both matters that can be investigated under Your Service Your Say and ‘non-Part 9’ matters. (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. and an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the review. 70.—Notwithstanding section 9(7) of the "Community Mental Health Service" means the Service established under section 24; Propose which recommendations can be agreed without further assessment or modification, b. (d) Effect shall not be given to a decision to which paragraph (b) applies before—, (i) the expiration of the time for the bringing of an appeal to the Circuit Court, or. Representation Agreement Act. (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. 2020, c. 31 (5) (a) If a member of the Commission dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Commission to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Commission who occasioned the casual vacancy. (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. (e) will have his or her detention reviewed by a tribunal in accordance with the provisions of MENTAL HEALTH THE MENTAL HEALTH ACT AC~S 6 of 1997, 1 of 2006 7th Seh., 12 of 2009 [I st September, 1999.1 3rd Sch., 7 201 I Seh. Health Act 2004 (No. (c) a member of the governing body, or the staff, or the person in charge, of the approved centre concerned. (5) The Commission shall act through, and its functions shall be performed in the name of the Commission by, the Chief Executive or another officer of the Commission duly authorised in that behalf by the Chief Executive. The whole Act other than sections 39 and 41. 73.—(1) No civil proceedings shall be instituted in respect of an act purporting to have been done in pursuance of this Act save by leave of the High Court and such leave shall not be refused unless the High Court is satisfied: (a) that the proceedings are frivolous or vexatious, or. (c) 2 shall be representative of registered nurses whose names are entered in the division applicable to psychiatric nurses in the register of nurses maintained by An Board Altranais under (c) Where the Commission registers a centre it shall issue a certificate of registration to the registered proprietor thereof. Review by a tribunal of admission orders and renewal orders. (7) In paragraph (c) of subsection (2), the reference to a member of the governing body of the approved centre concerned does not include a reference to a member of a health board. 71.—(1) The governing body of each approved centre shall appoint in writing a consultant psychiatrist to be the clinical director of the centre. (b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business or by addressing it to his or her solicitor and leaving it at the solicitor's office, (c) by sending it by registered post to him or her at his or her usual or last known residence or place of business or to his or her solicitor at the solicitor's office, or. The whole Act other than Part VIII, and sections 241, 276, 283 and 284. (5) No superannuation benefit shall be granted by the Commission nor shall any other arrangements be entered into by the Commission for the provision of such a benefit to or in respect of a member of the staff of the Commission otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance. (c) The provisions of sections 19 and 49 shall apply to the referral of a proposal to a tribunal under this section as they apply to the referral of an admission order to a tribunal under (2) The following persons shall be disqualified for making an application in respect of a person—. (2) The Commission shall from time to time appoint a … with any necessary modifications. 2.—(1) In this Act, save where the context otherwise requires—. Effective Date: August 2020. against the decision within 21 days from the receipt by him or her of the notification. (3) (a) A member of the staff of the Commission (other than the Chief Executive) shall be paid out of moneys at the disposal of the Commission, such remuneration and allowances for expenses incurred by him or her as the Commission may, with the consent of the Minister and the Minister for Finance, determine. of the Have all decisions made in your best interests ; Be examined by a psychiatrist in the centre 23.—(1) Where a person (other than a child) who is being treated in an approved centre as a voluntary patient indicates at any time that he or she wishes to leave the approved centre, then, if a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the person is suffering from a mental disorder, he or she may detain the person for a period not exceeding 24 hours or such shorter period as may be prescribed, beginning at the time aforesaid. (6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. (a) obstructs or interferes with the Inspector while he or she is exercising any power conferred by or under this Act, or. section 64 section 12 , as having been elected to the European Parliament to fill a vacancy. Dáil Fourth Stage. powers of Court for Children on proof of offence 9 . “mental illness” means a state of mind of a person which affects the person's thinking, perceiving, emotion or judgment and which seriously impairs the mental function of the person to the extent that he or she requires care or medical treatment in his or her own interest or in the interest of other persons; “severe dementia” means a deterioration of the brain of a person which significantly impairs the intellectual function of the person thereby affecting thought, comprehension and memory and which includes severe psychiatric or behavioural symptoms such as physical aggression; “significant intellectual disability” means a state of arrested or incomplete development of mind of a person which includes significant impairment of intelligence and social functioning and abnormally aggressive or seriously irresponsible conduct on the part of the person. ” includes a failure to Act a provision of this section matters of law ; for! 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