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19 1945

MENTAL TREATMENT ACT, 1945

PART XIV.

Reception Orders.

Chapter I.

Chargeable Patient Reception Orders.

Application for recommendation for reception.

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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

Making of recommendation for reception.

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.

(2) 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.

Disclosure of previous application for recommendation for reception.

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.

(2) 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.

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

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.

(2) 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.

(3) 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.

(4) 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.

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

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.

(2) 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.

(3) 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.

(4) 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.

Effect of recommendation for reception.

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.

(2) 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.

(3) 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.

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

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.

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

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.

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

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.

(2) 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.

Chargeable patient reception order.

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.

(2) 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.

Effect of chargeable patient reception order.

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.

(2) 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.

Statement of reasons for refusal of chargeable patient reception order.

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.

(2) 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.

Amendment of recommendation for reception or chargeable patient reception order.

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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

Expenses of Gárda Síochána under Chapter I of Part XIV.

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.

(2) 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.

Cases of urgency, etc.

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.