PART XVI.

Persons Detained Under Reception Orders.

199. —(1) Where a person is received into a mental institution and detained, a copy of the reception order relating to him and of the documents accompanying such order shall, not later than three clear days after the reception, be given to the Minister.

(2) Where the Minister, after a reception of a person into a mental institution under a private patient reception order receives the documents required to be given to him under this section, he shall notify the Registrar of Wards of Court and, if so requested by the Registrar, give to him copies of such documents.

200. —(1) The Minister shall retain all copies given to him under the next preceding section and shall enter therefrom in a register to be kept by him the name of each person appearing to have been received into a mental institution and such particulars of the reception order and the documents accompanying that order as may be prescribed.

(2) Any person may apply to the Minister for information as to whether particulars regarding any particular person have been entered in the register kept under this section and the Minister, if he considers that the application is reasonable, shall cause an examination to be made of such register.

(3) Where it appears that a person in respect of whom an application is made under sub-section (2) of this section is detained under a reception order, the Minister shall give to the applicant (if the Minister is satisfied that he is a proper person to receive the information) the name of the person in charge of the institution mentioned in the reception order, its situation, and, if the Minister so thinks fit, a copy of the reception order and of any document which accompanied the reception order.

201. —(1) The chief medical officer of a mental institution shall, upon the expiration of twenty-one days after a reception under a reception order into the institution, prepare and give to the Minister a report in the prescribed form on the mental and bodily condition of the person received.

(2) In sub-section (1) of this section the reference to a chief medical officer shall, where the relevant mental institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person received.

(3) If any medical officer or medical attendant fails to comply with any requirement imposed on him by this section, he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds.

202. —(1) Where a person detained in a mental institution escapes or is moved or discharged therefrom or dies, written notice of the escape, removal, discharge, or death shall, within three days thereafter, be given to the Minister and such notice shall be in the prescribed form and contain the prescribed particulars.

(2) Where a person who has been detained in a mental institution and has escaped or been moved therefrom is again received into or is brought back to the institution, written notice of the reception or bringing back of the person shall, within three days thereafter, be given to the Minister, and such notice shall be in the prescribed form and contain the prescribed particulars.

(3) Where the Minister receives a notice under this section in relation to a person detained under a private patient reception order, he shall notify the Registrar of Wards of Court and, if so requested by the Registrar, give to him a copy of the notice under this section

(4) The Minister shall retain every notice given to him under this section and shall enter the prescribed particulars in regard to such notice in the register kept under this Part of this Act.

203. —(1) A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, may permit a person detained in such hospital or any other institution maintained by them to be absent from such hospital or other institution upon trial for any period not exceeding thirty days, and may extend that period for a further period not exceeding thirty days or for two or more such periods not exceeding in the aggregate ninety days.

(2) The Inspector of Mental Hospitals may permit a person detained in a mental institution, not being an institution maintained by a mental hospital authority, to be absent from such institution on trial for any period not exceeding thirty days, and may extend that period for a further period not exceeding thirty days or for two or more such periods not exceeding in the aggregate ninety days.

(3) Where a person absent on trial under this section does not return on the expiration of the period or the extended period during which he is permitted to be absent and a certificate of a registered medical practitioner certifying that his detention is no longer necessary is not furnished to the person in charge of the relevant mental institution, he may at any time within twenty-eight days after the expiration of such period or extended period be retaken in like manner as if he had escaped from such institution.

(4) In the case of a person detained as a chargeable patient who is absent on trial under this section from a district mental hospital or other institution maintained by a mental hospital authority, the authority may direct the payment in respect of such person during the period of his absence on trial of an allowance not exceeding the average cost of maintenance during that period of a chargeable patient in such hospital or other institution, and the allowance shall be charged for such person and be payable as if he were in such hospital or other institution, but shall be paid to him or for his benefit as the authority may direct.

204. —(1) The chief medical officer of a mental institution may permit a person detained in such institution who is not dangerous to himself or others to be absent from such institution on parole for any period not exceeding forty-eight hours.

(2) In sub-section (1) of this section the reference to a chief medical officer shall, where the relevant mental institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person detained.

(3) Where a person absent on parole under this section from a mental institution does not return on the expiration of the period during which he is permitted to be absent, he may at any time within twenty-eight days after the expiration of such period be retaken in like manner as if he had escaped from such institution.

205. —A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, may—

(a) transfer a patient detained in such hospital to any other institution maintained by them, and

(b) transfer a patient detained in an institution (other than such hospital) maintained by them to such hospital or to any other institution maintained by them.

206. —(1) Where a mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, are of opinion that it would be for the benefit of the health of a person detained in such hospital or in any other institution maintained by them, or that it is necessary for the purpose of obtaining special treatment for such person, that he should be temporarily transferred to another district mental hospital in which he may be received in pursuance of an arrangement under this section, the authority may apply to the Minister for an order directing and authorising the transfer and the Minister may, if he thinks fit, make the order and may, at any time thereafter on the request of the authority acting as aforesaid, by order direct and authorise the return of such person to the hospital or other institution from which he was transferred.

(2) Subject to the provisions of sub-section (1) of this section, any two mental hospital authorities may make and carry out an arrangement for the purposes of that sub-section.

207. —(1) Where—

(a) a person detained in a district mental hospital or other institution maintained by a mental hospital authority is charged with an indictable offence before a justice of the District Court sitting in such district mental hospital or other institution, and

(b) evidence is given which, in the opinion of the justice, constitutes prima facie evidence—

(i) that such person has committed the offence, and

(ii) that he would, if placed on trial, be unfit to plead,

the justice shall by order certify that such person is suitable for transfer to the Dundrum Central Criminal Lunatic Asylum and shall cause copies of such order to be sent to the Minister and to the person in charge of such district mental hospital or other institution.

(2) Where an order is made under sub-section (1) of this section in relation to a person detained in a district mental hospital or other institution—

(a) such person shall be retained in such district mental hospital or other institution and his detention therein shall be continued subject to any order which may be made under this sub-section,

(b) the Minister shall require the Inspector of Mental Hospitals to visit such person and to make a report on his mental condition to the Minister,

(c) after consideration of the report of the Inspector of Mental Hospitals, the Minister may, if he so thinks fit, by order direct and authorise the transfer of such person to the Dundrum Central Criminal Lunatic Asylum.

(3) The Minister may by order direct and authorise the sending back of a person transferred under an order made under sub-section (2) of this section to the district mental hospital or other institution from which he was transferred.

(4) Where the resident governor and physician of the Dundrum Central Criminal Lunatic Asylum and the Inspector of Mental Hospitals agree and certify that a person transferred under an order made under sub-section (2) of this section has ceased to be of unsound mind, the said governor and physician shall discharge such person and, where necessary, pay to him the expenses of his travelling to his home.

208. —(1) Where a mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, are of opinion that a person detained in such hospital or in any other institution maintained by them requires treatment (including surgical treatment) not available save pursuant to this section, the authority may direct and authorise the removal of such person to any hospital or other place where the treatment is obtainable and in which he may be received in pursuance of an arrangement under this section.

(2) Subject to the provisions of sub-section (1) of this section, a mental hospital authority and the controlling authority of any hospital or other place where treatment is obtainable may make and carry out an arrangement for the purposes of that sub-section.

(3) Where the medical attendant of a person detained in a mental institution not maintained by a mental hospital authority is of opinion that such person requires treatment (including surgical treatment) not available save pursuant to this section, he may direct and authorise the removal of such person to any hospital or other place where the treatment is obtainable and in which it has been agreed to receive him.

(4) Where a person is removed under this section from a mental institution, a report containing full particulars of the removal shall be given to the Minister not later than three days after the removal.

(5) A person removed under this section to a hospital or other place may be kept there so long as is necessary for the purpose of his treatment and shall then be taken back to the place from which he was removed unless it is certified by a registered medical practitioner that his detention is no longer necessary.

209. —(1) A mental hospital authority may make and carry out an arrangement for the boarding-out in a private dwelling (whether within or outside their mental hospital district) of any person detained as a chargeable patient in their district mental hospital or any other institution maintained by them.

(2) A mental hospital authority may, with the consent of the applicant for the relevant reception order, make and carry out an arrangement for the boarding-out in a private dwelling (whether within or outside their mental hospital district) of any person detained as a private patient in their district mental hospital or any other institution maintained by them.

(3) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be boarded-out under this section save where the following conditions are complied with:—

(a) that the boarding-out of the person is recommended by the resident medical superintendent of such hospital,

(b) that the person is certified by the resident medical superintendent not to require treatment in an institution and not to be dangerous to himself or others,

(c) that the mental hospital authority are satisfied that the person will be comfortably housed, sufficiently fed and clothed, and otherwise suitably provided for,

(d) that the mental hospital authority are satisfied that the person in charge of the proposed dwelling is trustworthy and will carry out the directions given to him in relation to the person boarded-out,

(e) that no other person is boarded-out under this section in the same dwelling.

(4) A mental hospital authority may, subject to any regulations which the Minister may think fit to make in that behalf, appoint a committee or committees to visit patients boarded-out by the authority under this section and to report to the authority on the condition of such patients and of the dwellings in which they are boarded-out.

210. —(1) Where a person (in this sub-section referred to as the patient) detained as a chargeable patient is boarded-out under section 209 of this Act in any dwelling by a mental hospital authority, the following provisions shall have effect:—

(a) the mental hospital authority shall inform the Minister of the boarding-out of the patient,

(b) the appropriate assistance officer shall visit the patient from time to time and not less often than once in every three months,

(c) the resident medical superintendent of the district mental hospital of the mental hospital authority or another medical officer of such hospital shall visit the patient from time to time and not less often than twice in each year or, if the Minister directs that he shall be visited more frequently, not less often than may be appropriate in accordance with the direction,

(d) Whenever the patient is visited pursuant to paragraph (b) or (c) of this sub-section, the person making the visit shall enter a report of the visit in a book which the person in charge of the dwelling shall keep and shall produce for the purpose of such entry being made,

(e) the appropriate assistance officer or the resident medical superintendent, on being required by the mental hospital authority to furnish any information in relation to the patient or the dwelling, shall give such information,

(f) the appropriate assistance officer or the resident medical superintendent, if he is not satisfied with the condition of the patient or the dwelling or if he considers it necessary to make any recommendation in relation to the patient, shall make a special report on the case to the mental hospital authority,

(g) if the patient becomes at any time in need of medical aid, the person in charge of the dwelling shall—

(i) report the matter to the appropriate assistance officer or, in a case of urgency, call on the services of the medical officer of the dispensary district in which the dwelling is situated or, if that officer is not available, of any other registered medical practitioner, and

(ii) report the matter to the resident medical superintendent and include in such report the name of the medical officer or other registered medical practitioner (if any) whose services have been called on,

(h) if the patient is ill and there is, in the opinion of a medical practitioner attending the patient, anything unusual in the illness calling for the attention of the resident medical superintendent, the practitioner shall report the illness to the resident medical superintendent,

(i) the mental hospital authority may at any time remove the patient to any institution maintained by them or to a different private dwelling, and, if the patient becomes dangerous to himself or others, it shall be the duty of the mental hospital authority to remove him forthwith to an institution maintained by them,

(j) where the mental hospital authority remove the patient pursuant to paragraph (i) of this sub-section, they shall inform the Minister of the removal,

(k) the mental hospital authority may, on the recommendation of the resident medical superintendent, discharge the patient if he ceases to be of unsound mind,

(l) if the patient is discharged, the resident medical superintendent shall, not later than seven days after the discharge, inform the Minister thereof,

(m) if the patient dies, the person in charge of the dwelling shall forthwith report the death to the resident medical superintendent,

(n) on receipt of a report of the death of the patient, the resident medical superintendent shall inform the Minister of the death,

(o) the payment to be made by the mental hospital authority in respect of the maintenance, clothing, and care of the patient while boarded-out shall be determined by the mental hospital authority, but shall not exceed such amount as may be approved of by the Minister,

(p) the Inspector of Mental Hospitals may at any time visit the patient or inspect the dwelling and the person in charge of the dwelling shall give the Inspector all reasonable facilities for carrying out such visit or inspection, and shall also produce the book kept by him for the purposes of paragraph (d) of this sub-section for inspection by the Inspector.

(2) If any person required to do any act by sub-section (1) of this section fails to do such act, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

211. —(1) Where a person (in this sub-section referred to as the patient) detained as a private patient is boarded-out under section 209 of this Act in any dwelling by a mental hospital authority, the following provisions shall have effect:—

(a) the mental hospital authority shall inform the Minister of the boarding-out of the patient,

(b) the resident medical superintendent of the district mental hospital of the mental hospital authority or another medical officer of such hospital shall visit the patient from time to time and not less often than once in every three months or, if the Minister directs that he shall be visited more frequently, not less often than may be appropriate in accordance with the direction,

(c) whenever the patient is visited pursuant to paragraph (b) of this sub-section, the person making the visit shall enter a report of the visit in a book which the person in charge of the dwelling shall keep and shall produce for the purpose of such entry being made,

(d) the resident medical superintendent, on being required by the mental hospital authority to furnish any information in relation to the patient or the dwelling, shall give such information,

(e) the resident medical superintendent, if he is not satisfied with the condition of the patient or the dwelling or if he considers it necessary to make any recommendation in relation to the patient, shall make a special report on the case to the mental hospital authority,

(f) if the patient becomes at any time in need of medical aid, the person in charge of the dwelling shall either—

(i) report the matter to the resident medical superintendent, or

(ii) in a case of urgency, call on the services of any registered medical practitioner and report to the resident medical superintendent the name of such practitioner and the fact that his services have been called on,

(g) if the patient is ill and there is, in the opinion of a medical practitioner attending the patient, anything unusual in the illness calling for the, attention of the resident medical superintendent, the practitioner shall report the illness to the resident medical superintendent,

(h) the mental hospital authority may at any time remove the patient to any institution maintained by them or to a different private dwelling, and, if the patient becomes dangerous to himself or others, it shall be the duty of the mental hospital authority to remove him forthwith to an institution maintained by them,

(i) where the mental hospital authority remove the patient pursuant to paragraph (h) of this sub-section, they shall inform the Minister of the removal,

(j) the mental hospital authority may, on the recommendation of the resident medical superintendent, discharge the patient if he ceases to be of unsound mind,

(k) if the patient is discharged, the resident medical superintendent shall, not later than seven days after the discharge, inform the Minister thereof,

(l) if the patient dies, the person in charge of the dwelling shall forthwith report the death to the resident medical superintendent,

(m) on receipt of a report of the death of the patient, the resident medical superintendent shall inform the Minister of the death,

(n) the Inspector of Mental Hospitals may at any time visit the patient or inspect the dwelling and the person in charge of the dwelling shall give the Inspector all reasonable facilities for carrying out such visit or inspection, and shall also produce the book kept by him for the purposes of paragraph (c) of this sub-section for inspection by the Inspector.

(2) If any person required to do any act by sub-section (1) of this section fails to do such act, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

212. —(1) A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital and subject to the consent of the Minister, may make and carry out an arrangement for the maintenance, in any mental institution approved of by the Minister for that purpose and for such period as they think proper, of any person detained in such hospital or in any other institution maintained by them.

(2) Where a mental hospital authority have arranged under this section for the maintenance of any person, they shall inform the Minister of the commencement of the maintenance.

(3) Where a person detained as a chargeable patient is maintained in pursuance of this section, the contribution to be made by the mental hospital authority who arranged the maintenance towards the cost thereof shall be a sum which shall not, without the consent of the Minister, exceed the average cost of maintenance of a chargeable patient in the district mental hospital of such authority calculated in the prescribed manner.

213. —(1) The person carrying on a mental institution not maintained by a mental hospital authority may, with the consent of the Minister, transfer for the benefit of his health a person detained in the institution to any particular place for any particular period, and may from time to time, with the like consent, change such place and extend such period.

(2) The person carrying on a mental institution not maintained by a mental hospital authority may apply to the Minister for an order authorising the transfer of a person detained in the institution under a reception order to another mental institution, and thereupon the Minister, if he so thinks fit, may by order authorise such transfer.

(3) Before the Minister gives a consent under sub-section (1) of this section or makes an order under sub-section (2) of this section, there shall be produced to him an approval in writing of the proposed transfer, signed by the applicant for the reception order relating to the person proposed to be transferred, unless, for due cause shown, the Minister dispenses with the production of such approval.

214. —Where the person who applied for the reception order under which a person is detained in a mental institution applies to the Minister for an order authorising the transfer of the person detained to another mental institution, the Minister, if he so thinks fit, may by order authorise such transfer.

215. —(1) A person detained in a mental institution as a private patient shall be discharged on the written direction of the person by whom the last payment on account of the person detained was made.

(2) If the person empowered by sub-section (1) of this section to give a direction is not available, the direction may be given by the husband or wife of the person detained, or if there is no husband or wife or the husband or wife is not available, by the father of the person detained, or if there is no father or he is not available, by the mother of the person detained, or if there is no mother or she is not available, by any of the nearest of kin of the person detained.

(3) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be discharged under this section save with approval of the authority.

216. —(1) Where—

(a) a person who is detained under a reception order in a district mental hospital or other institution maintained by a mental hospital authority becomes capable of expressing himself, and does express himself, as desirous of being received as a voluntary patient in an approved institution, and

(b) both the mental hospital authority and the resident medical superintendent approve of that course being adopted, and

(c) the necessary steps for adopting that course are taken under Part XV of this Act,

the person detained shall be discharged from such hospital or other institution for the purpose of being received as a voluntary patient in an approved institution.

(2) The recommendation referred to in sub-section (3) of section 190 of this Act shall, in the case of an application made in pursuance of sub-section (1) of this section in relation to a person detained in an institution and who does not ordinarily reside in the dispensary district in which the institution is situate, be made by the authorised medical officer who would be appropriate to make the recommendation if such person were ordinarily resident in that dispensary district.

(3) Where—

(a) a person who is detained under a reception order in a private institution, a private charitable institution, or an authorised institution becomes capable of expressing himself, and does express himself, as desirous of being received as a voluntary patient in an approved institution, and

(b) both the person in charge of the institution and the chief medical officer of the institution approve of that course being adopted, and

(c) the necessary steps for adopting that course are taken under Part XV of this Act,

the person detained shall be discharged from such institution for the purpose of being received as a voluntary patient in an approved institution.

(4) In sub-section (3) of this section, the reference to the chief medical officer of a private institution shall, where the institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person received.

217. —(1) Where the person in charge of a mental institution is satisfied that a person detained therein as a private patient has recovered, he shall give notice to that effect to the person by whom the last payment on account of the person detained was made, and the notice shall contain an intimation that, unless the person detained is removed before a specified date not earlier than seven days after the date on which the notice is given, he will be discharged.

(2) If a person in respect of whom a notice under this section is given is not removed from the institution in which he is detained before the date specified in that behalf in the notice, he shall forthwith be discharged.

(3) A notice under this section in relation to a person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be given save with the approval of the authority.

218. —(1) Where the person in charge of a district mental hospital or other institution maintained by a mental hospital authority is satisfied that a person detained therein as a chargeable patient has recovered, he shall give notice to that effect to such relative (if aware of any) of the person detained as he thinks proper, and the notice shall contain an intimation that, unless the person detained is removed before a specified date not earlier than seven days after the date on which the notice is given, he will be discharged.

(2) If a person in respect of whom a notice under this section is given is not removed from the institution in which he is detained before the date specified in that behalf in the notice, he shall be discharged.

(3) A notice under this section in relation to a person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be given save with the approval of the authority.

(4) Where, consequent upon a notice under this section, a person detained in a district mental hospital or other institution maintained by a mental hospital authority is removed or discharged, the authority may, if they so think proper, pay to or in respect of him such sum as they consider reasonable towards his travelling expenses on his journey to his home.

219. —(1) Where the person in charge of a district mental hospital or other institution maintained by a mental hospital authority is satisfied that a person detained therein as a chargeable patient has recovered, but such person in charge is not aware of any relative of the person detained to whom notice might be given under section 218 of this Act, the person detained shall be discharged.

(2) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be discharged under this section save with the approval of the authority.

(3) Where a person detained in a district mental hospital or other institution maintained by a mental hospital authority is discharged under this section, the authority may, if they so think proper, pay to or in respect of him such sum as they consider reasonable towards his travelling expenses on his journey to his home.

220. —(1) Any relative or friend of a person detained as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority may apply to the person in charge of the institution to allow him to take care of the person detained and, upon such application, the person in charge of the institution may, if he so thinks fit and provided that he is satisfied that the person detained will be properly taken care of, discharge the person detained.

(2) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be discharged under this section save with the approval of the authority.

221. —(1) Notwithstanding anything contained in this Part of this Act, a person detained in a mental institution shall, save where the Minister directs the discharge of such person under this Act, not be discharged where (in the case of a district mental hospital or other institution maintained by a mental hospital authority) the resident medical superintendent, or (in any other case) his medical attendant, gives a written certificate, containing a statement of the grounds therefor, that he is dangerous or otherwise unfit to be discharged.

(2) Where a certificate is given under this section, the following provisions shall have effect:—

(a) notice in writing of objection to the certificate may be given to the Minister by or on behalf of the person to whom the certificate relates,

(b) on receipt of such notice, the Minister may, by notice in writing given to the person in charge of the relevant mental institution, require such person to give to the Minister a copy of the certificate and such person shall comply with such requisition forthwith,

(c) the Minister, on receipt of such copy of the certificate, may require the Inspector of Mental Hospitals to examine the person to whom the certificate relates,

(d) after consideration of the report of the Inspector of Mental Hospitals on his examination of the person to whom the certificate relates, the Minister, if he so thinks fit and provided that not more than fourteen days have elapsed since he received such copy of the certificate, may by order direct the discharge of the person to whom the certificate relates and, if the Minister so directs, such person shall be discharged accordingly.

222. —(1) Any person may apply to the Minister for an order for the examination, at the expense of the applicant, by two registered medical practitioners approved of by the Minister, of a person detained in a mental institution, and the Minister, if he so thinks fit, may make such order.

(2) Where the Minister makes an order under sub-section (1) of this section for the examination by two registered medical practitioners of a person detained in a mental institution, the practitioners shall, on presentation by them at the institution of the order, be admitted and allowed to examine such person on two occasions, at least seven days intervening between the first and second occasion, and if the practitioners certify that such person may be discharged without risk of injury to himself or others, the Minister may, if he so thinks fit, by order direct the discharge of such person and, if the Minister so directs, such person shall be discharged accordingly.

223. —A mental hospital authority may direct any medical officer of their district mental hospital or any other institution maintained by them to visit any person, who was detained as a chargeable patient in such hospital or other institution and who has been discharged, for the purpose of giving him advice as to any mental treatment which he should undergo.

224. —Where a person who is detained as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority and who is eligible for general assistance under the Public Assistance Act, 1939 (No. 27 of 1939), is discharged from such hospital or other institution, the mental hospital authority may, if they so think fit, send him to the appropriate district institution of the public assistance district in which he resided before he was sent to such hospital or other institution.

225. —The resident medical superintendent of a district mental hospital shall from time to time make available to the mental hospital authority by whom the hospital is maintained case books showing the mental condition of the persons detained in the hospital and the other institutions maintained by the authority, and shall so make such case books available that a case book showing the condition of each person so detained is submitted to the authority at least once in each year.

226. —(1) Where the Inspector of Mental Hospitals makes a visit and inspection required by this Act of an approved institution, he shall examine every person who is detained as a temporary patient therein and who has been received since he made his last visit and inspection required by this Act of the institution.

(2) The Inspector of Mental Hospitals may, at the request of the person in charge of an approved institution, examine any person detained as a temporary patient in the institution.

(3) If, upon examining under this section a person detained as a temporary patient, the Inspector of Mental Hospitals is of opinion that the person should remain in the institution in which he is being treated, the Inspector shall give a statement in writing to that effect to the person in charge of the institution.

(4) If, upon examining under this section a person detained as a temporary patient, the Inspector of Mental Hospitals is of opinion that the person should not remain in the institution in which he is being treated, the Inspector shall make a report to the Minister containing a statement of his opinion, the grounds on which the opinion is based, and such other observations as he thinks proper.

227. —Upon receipt of a report under sub-section (4) of section 226 of this Act, the Minister may, if he so thinks fit, by order direct the person in charge of the relevant institution either to discharge the person to whom the report relates or to take the appropriate steps to have him received into a mental institution as a person of unsound mind, and the person in charge of the institution shall comply with such direction.

228. —The Minister may, upon the request in writing of a person who is detained as a temporary patient in an approved institution and who considers himself to be unjustly detained, by order direct the person in charge of the institution to give to the person detained, free of charge, a copy of the order and of the medical certificate consequent upon which he is detained, and the person in charge of the institution shall comply with such direction.

229. —(1) A member of the Gárda Síochána may retake, not later than twenty-eight days after his escape, a person detained under a reception order who escapes, and may bring such person back to the place from which he escaped.

(2) A person detained as a temporary patient shall not be retaken or brought back under this section after the expiration of six months after the day on which the reception order relating to him was made or, where that period has been extended under section 189 of this Act, after the expiration of that period as so extended.

(3) The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána 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 responsible person 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.

(4) In sub-section (3) of this section, the expression “the responsible person” means—

(a) where the mental institution from which the escaped person escaped is registered in a register kept by the Minister under this Act—the person whose name is entered in the register in respect of the institution, and

(b) where the mental institution from which the escaped person escaped is not so registered—the mental hospital authority or other person carrying on the institution.