Number 19 of 1945.
MENTAL TREATMENT ACT, 1945.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Place of ordinary residence of person of no fixed residence. | |
The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.
Mental Hospital Districts And Mental Hospital Authorities.
General Duty of Mental Hospital Authority to Provide Treatment, Maintenance, Advice and Services.
General duty of mental hospital authority to provide treatment, maintenance, advice and services. |
Institutions to Be Provided and Maintained By Mental Hospital Authorities.
Financial Provisions Relating to Mental Hospital Authorities.
Acquisition and Disposal of Land By Mental Hospital Authorities.
Superannuation, Etc., of Officers and Servants of Mental Hospital Authorities.
Miscellaneous Provisions Relating to Mental Hospital Authorities.
Private Institutions.
Private Charitable Institutions.
Authorised Institutions.
Requisition not to use authorised institution for taking care of persons of unsound mind. |
Approved Institutions.
Restriction on reception of persons as temporary and voluntary patients. | |
Reception Orders.
Chargeable Patient Reception Orders.
Private Patient Reception Orders.
Restriction on receptions under private patient reception orders. | |
Disclosure of previous application for private patient reception order. | |
Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders.
Reception of Persons into Approved Institutions as Voluntary Patients.
Persons Detained Under Reception Orders.
Recovery of Cost of Maintenance and Treatment in District Mental Hospitals.
Particulars for determining if person is a chargeable patient. | |
Liability to contribute to cost of mental hospital assistance. | |
Powers and Duties of the Inspector of Mental Hospitals.
Miscellaneous.
Enactments repealed.
Mental Hospital Districts.
Rules relating to joint boards.
Acts within the meaning of which and for the purposes of which a joint board is a local authority.
Sections and sub-sections for which a penalty is provided by section 249.
Acts Referred to | |
No. 27 of 1939 | |
No. 23 of 1941 | |
No. 12 of 1940 | |
No. 39 of 1926 | |
No. 20 of 1925 | |
No. 14 of 1939 | |
No. 6 of 1935 | |
No. 34 of 1926 | |
No. 23 of 1927 | |
No. 21 of 1928 | |
No. 42 of 1935 | |
No. 55 of 1936 | |
No. 4 of 1925 | |
No. 5 of 1925 | |
No. 3 of 1942 | |
Number 19 of 1945.
MENTAL TREATMENT ACT, 1945.
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Mental Treatment Act, 1945.
Commencement.
2.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for- different purposes and different provisions of this Act.
Definitions.
3.—In this Act—
the word “addict” means a person who—
(a) by reason of his addiction to drugs or intoxicants is either dangerous to himself or others or incapable of managing himself or his affairs or of ordinary proper conduct, or
(b) by reason of his addiction to drugs, intoxicants or perverted conduct is in serious danger of mental disorder;
the expression “the appropriate assistance officer” means—
(a) when used in relation to a person boarded out under this Act—the assistance officer for the assistance officer's district in which the person is boarded-out, and
(b) when used in relation to any other person—the assistance officer for the assistance officer's district in which the person ordinarily resides;
the expression “approved institution” means an institution or premises approved of by order of the Minister under section 158 of this Act;
the expression “assistance officer” means an officer employed by a public assistance authority to administer home assistance under the Public Assistance Act, 1939 (No. 27 of 1939);
the expression “assistance officer's district” means the district within which the duties of an assistance officer are to be performed;
the expression “assistant inspector of mental hospitals” means an assistant inspector of mental hospitals appointed under section 13 of this Act;
the expression “authorised institution” means an institution authorised by special Act or other enactment (including a charter) for the care, maintenance, and treatment of persons of unsound mind, not being the Dundrum Central Criminal Lunatic Asylum;
the expression “authorised medical officer” has the meaning given to it by section 5 of this Act;
the expression “auxiliary mental hospital” means a mental hospital provided under section 22 of this Act by a mental hospital authority;
the expression “chargeable patient” means a patient who is receiving mental hospital assistance and who (with the persons, if any, liable to maintain him) is unable to provide the whole of the cost of such assistance;
the expression “chargeable patient reception order”means a chargeable patient reception order under Chapter I of Part XIV of this Act;
the expression “district mental hospital” means a mental hospital provided under section 21 of this Act by a mental hospital authority;
the expression “the Dundrum Central Criminal Lunatic Asylum” means the central criminal lunatic asylum established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act, 1845;
the expression “the Inspector of Mental Hospitals” means primarily the Inspector of Mental Hospitals appointed under section 12 of this Act, but the said expression also includes a substitute for the Inspector of Mental Hospitals appointed under the said section 12 and an assistant inspector of mental hospitals;
the expression “joint authority” means an authority set up by order under section 98 of this Act,
the expression “joint board” means a board appointed jointly in pursuance of section 15 of this Act;
the expression “local authority” means—
(a) a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941), or
(b) a sub-committee appointed by a local pensions committee under section 8 of the Old Age Pensions Act, 1908, or
(c) a vocational education committee, or
(d) a committee of agriculture;
the expression “mental hospital assistance”, when used in relation to a person, includes—
(a) any treatment, maintenance, advice, or service given to or arranged for such person by a mental hospital authority, and
(b) any payment made to or in respect of such person by a mental hospital authority;
the expression “mental hospital authority” means a local administrative authority under section 15 of this Act for a mental hospital district;
the expression “mental hospital district” means a district specified in the Second Schedule to this Act as so specified or as for the time being changed by order under this Act;
the expression “mental institution” means a district mental hospital or other institution maintained by a mental hospital authority, a private institution, a private charitable institution, an authorised institution, or an approved institution;
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “person in charge” has the meaning given to it by section 4 of this Act;
the word “prescribed” means prescribed by regulations made by the Minister under this Act;
the expression “private charitable institution” means an institution for the care of persons of unsound mind which is supported wholly or in part by voluntary contributions and which is not kept for profit by any private individual, not being—
(a) a district mental hospital or other institution maintained by a mental hospital authority, or
(b) an authorised institution;
the expression “private institution” means an institution or premises in which one or more than one person of unsound mind is or are taken care of for profit, not being—
(a) a district mental hospital or other institution maintained by a mental hospital authority,
(b) a private charitable institution, or
(c) an authorised institution;
the expression “private patient” means a patient other than a chargeable patient;
the expression “private patient reception order” means a private patient reception order under Chapter II of Part XIV of this Act;
the expression “public assistance authority” means a public assistance authority under the Public Assistance Act, 1939 (No. 27 of 1939);
the expression “public assistance district” means a public assistance district under the Public Assistance Act, 1939 (No. 27 of 1939);
the expression “reception order” means a chargeable patient reception order, a private patient reception order, a temporary chargeable patient reception order, or a temporary private patient reception order;
the expression “recommendation for reception” means a recommendation for reception under Chapter I of Part XIV of this Act;
the word “relative” means—
(a) a lineal ancestor, or
(b) a lineal descendant, or
(c) a lineal descendant of an ancestor not more remote than a great-grandfather or great-grandmother;
the expression “resident medical superintendent” means a chief medical officer under section 94 of this Act for-a district mental hospital;
the expression “temporary patient” means a patient either—
(a) who is—
(i) suffering from mental illness, and
(ii) is believed to require, 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) who is—
(i) an addict, and
(ii) is believed to require, for his recovery, at least six months preventive and curative treatment;
the expression “temporary chargeable patient reception order” means a temporary chargeable patient reception order under Chapter III of Part XIV of this Act;
the expression “temporary private patient reception order” means a temporary private patient reception order under Chapter III of Part XIV of this Act;
the expression “visiting committee of an auxiliary mental hospital” means a committee appointed under section 97 of this Act to visit an auxiliary mental hospital;
the expression “visiting committee of a district mental hospital” means a committee appointed under section 96 of this Act to visit a district mental hospital and the other institutions and accommodation maintained by a mental hospital authority;
the expression “voluntary patient” means a person who, acting by himself or, in the case of a person less than sixteen years of age, by his parent or guardian, submits himself voluntarily for treatment for illness of a mental or kindred nature.
Person in charge.
4.—In this Act, the expression “person in charge” means—
(a) in relation to a district mental hospital—the resident medical superintendent of the hospital,
(b) in relation to any other institution maintained by a mental hospital authority—the medical officer of the institution,
(c) in relation to a private institution for the reception of more than one patient, a private charitable institution, an authorised institution, or an approved institution (not being a district mental hospital or other institution maintained by a mental hospital authority)—the person for the time being managing the institution.
(d) in relation to a private institution for the reception of one patient only—the person in whose charge the patient is for the time being.
Authorised medical officer.
5.—(1) In this Act, the expression “the authorised medical officer”, when used with respect to a person to whom an application under this Act relates, means—
(a) if the person ordinarily resides in a dispensary district for which there is one medical officer only, either—
(i) if that medical officer is not disqualified in relation to the person—that medical officer, or
(ii) if that medical officer is disqualified in relation to the person—the nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person,
(b) if the person ordinarily resides in a dispensary district for which there are more medical officers than one, either—
(i) the nearest available of such of those medical officers as are not disqualified in relation to the person, or
(ii) in case none of those medical officers is available or all of them are disqualified in relation to the person, or some are not available and the remainder are disqualified in relation to the person—the nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person.
(2) A medical officer for a dispensary district shall, for the purposes of sub-section (1) of this section, be disqualified in relation to a person—
(a) if such officer is interested in the payments (if any) to be made on account of the taking care of the person, or
(b) if such officer is 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, stepdaughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person.
Place of ordinary residence of person of no fixed residence.
6.—For the purposes of this Act, a person of no fixed residence shall be regarded as being ordinarily resident at the place where he is for the time being.
Applicant for reception order in case of private patient.
7.—In this Act, any reference to the applicant for a reception order shall, in the case of a private patient on account of whom payments are made, be construed as a reference to the person who made the last payment on account of the patient.
Regulations.
8.—The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed or as being the subject of regulations, but no such regulation which includes provision in respect of a payment to be made to or by the Minister shall be made without the consent of the Minister for Finance.
Collection and disposal of moneys payable to the Minister.
9.—(1) All moneys payable under this Act to the Minister shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable under this Act to the Minister.
Expenses of the Minister.
10.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
11.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.
(2) The repeal by this section of the Asylum Officers' Superannuation Act, 1909, shall be subject to the following qualifications:—
(a) the said Act shall continue to have effect so far as may be necessary for the purposes of paragraph (b) of sub-section (1) and paragraph (b) of sub-section (2) of section 64 of this Act;
(b) the repeal shall not affect the payment of any super-annuation allowance granted before the repeal comes into operation.
PART II.
The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.
The Inspector of Mental Hospitals.
12.—(1) There shall be an inspector of mental institutions for the purposes of this Act and such inspector shall be known and is in this Act referred to as the Inspector of Mental Hospitals.
(2) The Minister shall from time to time appoint a registered medical practitioner to be the Inspector of Mental Hospitals.
(3) Where any person held, immediately before the commencement of this Part of this Act, the office of inspector of lunatics under the law then in force, such person shall be deemed to have been appointed by the Minister immediately upon the commencement of this Part of this Act to be the Inspector of Mental Hospitals.
(4) The Minister may appoint any of his medical inspectors to act as substitute for the Inspector of Mental Hospitals during any particular period or for any particular purpose and, during that period or for that purpose (as the case may be), the person so appointed shall be regarded as being the Inspector of Mental Hospitals and every reference in this Act to the Inspector of Mental Hospitals shall be construed accordingly.
Assistant inspectors of mental hospitals.
13.—(1) The Minister, with the consent of the Minister for Finance, may from time to time appoint such and so many registered medical practitioners to be assistant inspectors of mental institutions for the purposes of this Act (in this Act referred to as assistant inspectors of mental hospitals) as he thinks proper.
(2) The Inspector of Mental Hospitals may act by any assistant inspector of mental hospitals, and accordingly an assistant inspector of mental hospitals shall have all the powers for the time being conferred by law on the Inspector of Mental Hospitals, and any reference in any enactment (including this Act) to the Inspector of Mental Hospitals shall, unless the contrary intention appears, be construed as including a reference to any assistant inspector of mental hospitals.
PART III.
Mental Hospital Districts and Mental Hospital Authorities.
Mental hospital districts.
14.—(1) For the purposes of this Act the State shall be divided into the districts specified in the Second Schedule to this Act, and such districts shall be known and are in this Act referred to as mental hospital districts
(2) The Minister may by order change the area to be included in any mental hospital districts, subject to the limitation that any area so changed shall consist of an administrative county, two or more administrative counties, a county borough, a county borough and an administrative county, or a county borough and two or more administrative counties.
(3) The Minister may include in an order under sub-section (2) of this section such consequential and ancillary provisions as he thinks proper, including, in particular, provisions relating to—
(a) the transfer or retention of property or liabilities,
(b) the payment, on account of any such transfer or retention, of money, either in one sum or by instalments,
(c) the transfer of officers or servants,
(d) the transfer of patients.
Mental hospital authorities.
15.—There shall be a local administrative authority for each mental hospital district and such authority shall be—
(a) where the mental hospital district consists of an administrative county—the council of the county, and
(b) where the mental hospital district consists of a county borough—the corporation of the county borough, and
(c) in any other case—a board appointed jointly in accordance with section 16 of this Act.
Appointment of joint board, etc.
16.—A joint board shall be appointed in accordance with the provisions in that behalf of the Rules contained in the Third Schedule to this Act and the other provisions of those Rules shall also have effect in relation to a joint board.
General provisions relating to joint board.
17.—The following provisions shall have effect in relation to a joint board
(a) the board shall be a body corporate with perpetual succession by the name given to them by order of the Minister,
(b) the board shall have power to sue and be sued in their corporate name,
(c) the board shall have power to hold and dispose of land,
(d) the board shall provide and have a common seal and such seal shall be authenticated by the signature of the chairman or some other member authorised to act in that behalf and the signature of an officer of the board authorised to act in that behalf,
(e) all courts of justice shall take judicial notice of the seal of the board and every document purporting to be an order or other instrument made by them and to be sealed with their seal (purporting to be authenticated in accordance with the foregoing paragraph) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown,
(f) the board shall be an elective body within the meaning and for the purposes of the County Management Acts, 1940 and 1942,
(g) the board shall for all purposes be the successors of the joint committee of management which immediately before the commencement of this Part of this Act operated under section 9 of the Local Government (Ireland) Act, 1898, in respect of the relevant district and, accordingly, every reference in any statute or other enactment in force immediately before the commencement of this Part of this Act to a joint committee of management of a district mental hospital shall be deemed, where appropriate, to include a reference to the board and every reference in this Act to a joint board shall be deemed, where appropriate, to include a reference to the joint committee of which the board are the successors,
(h) the Minister may by order make such provision as he thinks proper in regard to any matters which arise in consequence of the first establishment of the board and in respect of which provision is not made by this Act.
Transfer of property to joint board, etc.
18.—The following provisions shall have effect in relation to a joint board and the local authorities appointing the members thereof:—
(a) all property and assets (including choses-in-action) vested in or belonging to the authorities immediately before the commencement of this Part of this Act for the purposes of a hospital or other institution maintainable by the board shall, upon such commencement, become and be the property and assets of the board by virtue of this section without any conveyance, assignment, or act other than transfer (where appropriate) in the books of a bank, company, or other body;
(b) all debts and liabilities (present or future) incurred by the authorities in relation to such hospital or other institution and owing immediately before the commencement of this Part of this Act (whether then presently due or to become due certainly or contingently in future) shall upon such commencement become and be the debts and liabilities of the board and shall be discharged in due course by them;
(c) every bond, guarantee, or other security of a continuing character made or given in relation to such hospital or other institution by the authorities to another person or by any person to the authorities and in force immediately before the commencement of this Part of this Act, and every contract or agreement in writing made in relation to such hospital or other institution between the authorities and another person not fully executed and completed before the commencement of this Act, shall continue in force after such commencement but shall be construed and have effect as if the board were substituted therein for the authorities, and such security, contract, or agreement shall be enforceable by or against the board accordingly;
(d) in every action, suit, prosecution, or other proceeding in relation to such hospital or other institution which is pending at the commencement of this Part of this Act and to which the authorities are parties, the board shall, on the commencement of this Part of this Act, become and be a party in the place of the authorities and such action, suit, prosecution, or other proceeding shall be continued between the board and the other parties thereto accordingly;
(e) every person who immediately before the commencement of this Part of this Act is an officer or servant in such hospital or other institution shall upon such commencement become and be an officer or servant (as the case may require) of the board upon, subject to the provisions of this Act, the same terms and conditions as those upon which he held office or employment immediately before such commencement;
(f) all moneys raised in relation to such hospital or other institution by any of the authorities before the commencement of this Part of this Act may be levied after such commencement as if this Act had not been passed and shall be paid to the board for the purposes of their functions under this Act.
PART IV.
General Duty of Mental Hospital Authority to Provide Treatment, Maintenance, Advice and Services.
General duty of mental hospital authority to provide treatment, maintenance, advice and services.
19.—Where—
(a) a person is ordinarily resident in a mental hospital district, and
(b) such person requires, by reason of mental illness, any treatment, maintenance, advice or service, and
(c) such person (with the persons, if any, liable to maintain him) is unable to provide the whole of the cost of such treatment, maintenance, advice or service,
the mental hospital authority for such mental hospital district shall, subject to the provisions of this Act, provide such treatment, maintenance, advice or service for such person.
PART V.
Institutions to be Provided and Maintained by Mental Hospital Authorities.
General duty to provide accommodation.
20.—(1) A mental hospital authority shall provide and maintain proper and sufficient accommodation for carrying out their functions under this Act.
(2) Where the Minister is of opinion that a mental hospital authority have failed in any respect to perform their duties under sub-section (1) of this section, he may by order require them to remedy their failure within the time and in the manner (if any) specified in the order, and it shall be the duty of the authority to comply with the order.
District mental hospital.
21.—A mental hospital authority shall provide and maintain a mental hospital for their mental hospital district.
Auxiliary mental hospital.
22.—(1) A mental hospital authority may, and shall, if so directed by the Minister, provide and maintain a mental hospital, auxiliary to their district mental hospital, for the reception of patients who, not being dangerous to themselves or others, are certified by the resident medical superintendent of such district mental hospital not to require special care and treatment in a fully equipped mental hospital.
(2) An auxiliary mental hospital shall be either a separate hospital or, if the Minister so directs, a part of the relevant district mental hospital.
Accommodation for temporary and voluntary patients.
23.—The Minister may by order require a mental hospital authority to provide within a specified time specified accommodation for temporary and voluntary patients and it shall be the duty of the authority to comply with the order.
Consulting rooms and clinics.
24.—(1) A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain, either in their district mental hospital or elsewhere, consulting rooms or clinics for affording advice and preventive and curative treatment in cases of mental disorder (including cases of suspected or incipient mental disorder) and for the investigation of such cases.
(2) Where the Minister gives a direction under sub-section (1) of this section, he may specify in the direction the place or places at which any consulting rooms or clinics mentioned in the direction are to be provided and it shall be the duty of the mental hospital authority to whom the direction is given to provide such consulting rooms or clinics at such place or places.
(3) Where a mental hospital authority propose to provide under this section consulting rooms or clinics (whether of their own motion or in compliance with a direction of the Minister), they may, with the consent of the Minister, arrange, in lieu of providing such consulting rooms or clinics, that accommodation at any mental institution or any hospital, clinic, dispensary or health centre will be available for use as such consulting rooms or clinics.
(4) Where a consulting room or clinic is provided under this section by a mental hospital authority, the authority may allow persons to attend at the consulting room or clinic as private patients and may charge for such attendances fees in accordance with a scale approved of by the Minister.
Laboratory.
25.—(1) A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain a laboratory for research in connection with mental and nervous diseases.
(2) A mental hospital authority by whom a laboratory is maintained under this section may permit the services afforded by the laboratory to be available for a mental institution not maintained by such authority and may make such charge as they consider reasonable where any service is availed of under such permission.
Additional institutions and accommodation.
26.—In addition to the institutions and accommodation specifically mentioned in this Part of this Act, a mental hospital authority shall provide and maintain such other institutions and accommodation in connection with the discharge of their functions under this Act as the Minister from time to time directs and shall provide such institutions and accommodation at the places specified by the Minister.
Certain institutions to be deemed to be provided under this Part of this Act.
27.—Every institution which immediately before the commencement of this Part of this Act was an institution provided under section 9 or section 76 (both repealed by this Act) of the Local Government (Ireland) Act, 1898, shall, immediately upon such commencement, be deemed to be provided under this Part of this Act by the mental hospital authority for the mental hospital district in which the institution is situated and shall be maintained by that authority accordingly.
General duty to carry on in a proper manner institutions and accommodation maintained by mental hospital authority.
28.—It shall be the duty of a mental hospital authority to carry on in a proper manner their district mental hospital and all other institutions and accommodation maintained by them under this Part of this Act.
Residences for staff.
29.—A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain in connection with any institution maintained by them suitable residences or residential accommodation for members of the staff of the institution.
Burial place.
30.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, provide and maintain a burial place for the burial of the remains of patients who die while being maintained by the authority.
Enlargement of institution maintained by mental hospital authority, etc.
31.—A mental hospital authority shall, as and when the Minister by order so directs,—
(a) enlarge, alter, or restore in accordance with the order any institution maintained by the authority,
(b) provide in accordance with the order new, improved, or additional drainage, ventilation, water supply, lighting, heating, or any other service for any such institution,
(c) provide and maintain in any such institution all such fixtures, fittings, furniture, surgical and medical appliances, and other conveniences as are specified in the order.
Contribution to cost of public water supply.
32.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of a public water supply for the purpose of enabling them to obtain a supply of water for any institution maintained by them.
Contribution to cost of public sewerage scheme.
33.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of a public sewerage scheme for the purpose of enabling them to obtain disposal of sewage from any institution maintained by them.
Contributions to cost of providing clinic, dispensary or health centre.
34.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of providing a clinic, dispensary or health centre in which the authority (whether of their own motion or in compliance with a direction of the Minister) propose to arrange under section 24 of this Act that accommodation will be available as a consulting room or clinic.
Restriction on erecting institution to be maintained by mental hospital authority, etc.
35.—A proposal for the erection at a cost exceeding five hundred pounds of an institution to be maintained by a mental hospital authority or for the restoration, enlargement, or other alteration at such a cost of an institution maintained by a mental hospital authority shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.
Restriction on erecting buildings attached to institution maintained by mental hospital authority, etc.
36.—A proposal for the erection at a cost exceeding five hundred pounds of buildings intended to be attached or used for the purposes of an institution maintained by a mental hospital authority or for the restoration, enlargement, or other alteration at such a cost of buildings attached to or used for the purposes of such institution shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.
Restriction on repairs, etc.
37.—A proposal for the repair or reconditioning at a cost exceeding five hundred pounds of buildings attached to or used for the purpose of an institution maintained by a mental hospital authority shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.
Provision by two or more mental hospital authorities jointly of institution.
38.—(1) Two or more mental hospital authorities may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain jointly an institution for any class of patients, not being persons dangerous to themselves or others.
(2) Where an institution is to be provided under this section, the Minister shall make the appropriate order under this Act setting up a joint authority through whom the institution shall be managed.
(3) Where an institution is provided under this section, each of the mental hospital authorities concerned may remove to the institution any patient maintained by them, not being a person dangerous to himself or others.
Provision by two or more mental hospital authorities jointly of laboratory.
39.—(1) Two or more mental hospital authorities may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain jointly a laboratory for research in connection with mental and nervous diseases.
(2) Where a laboratory is to be provided under this section, the Minister shall make the appropriate order under this Act setting up a joint authority through whom the laboratory shall be managed.
(3) A joint authority through whom a laboratory is managed under this section on behalf of any mental hospital authorities may permit the services afforded by the laboratory to be available for a mental institution not maintained by any of those authorities and may make such charge as they consider reasonable where any service is availed of under such permission.
General regulations in relation to institutions maintained by mental hospital authorities.
40.—The Minister may make general regulations governing, subject to the provisions of this Act, the carrying on of district mental hospitals, auxiliary mental hospitals and other institutions maintained by mental hospital authorities and the admission to, detention in, transfer between, and discharge from such hospitals and institutions of patients, and it shall be the duty of every mental hospital authority to comply with such regulations.
Special regulations in relation to particular institution maintained by a mental hospital authority.
41.—(1) A mental hospital authority may, with the consent of the Minister, make special regulations governing, subject to the provisions of this Act and of any general regulations made under section 40 of this Act, the carrying on of any particular institution maintained by them, and it shall be the duty of the authority to comply with such regulations.
(2) The Minister may require a mental hospital authority to make under this section any regulation which he considers necessary for the carrying on of any particular institution maintained by them and, if the authority fail to make such regulation, it may be made by the Minister and shall have the like effect as if made by the authority.
(3) Until regulations are made under this section in relation to any particular institution, all regulations or rules in force immediately before the commencement of this Part of this Act in relation thereto under sub-section (6) of section 9 (repealed by this Act) or proviso (b) (repealed by this Act) to sub-section (2) of section 110 of the Local Government (Ireland) Act, 1898 shall subject to the provisions of this Act and any general regulations made under section 40 of this Act, continue to have effect and be capable of being amended or revoked as if they were regulations made under this section.
(4) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.
Discontinuance of institution maintained by mental hospital authority.
42.—(1) The Minister, if he so thinks proper after the holding of an inquiry under this Act, may by order direct a mental hospital authority to discontinue as from a specified date any specified institution, not being a district mental hospital, for the time being maintained by them and may include in the order all such provisions as appear to him to be necessary and proper in relation to matters incidental to or consequential on the discontinuance of such institution.
(2) It shall be the duty of the mental hospital authority to whom an order under this section relates to comply with such order.
PART VI.
Financial Provisions Relating to Mental Hospital Authorities.
Expenses of mental hospital authorities.
43.—(1) Where a mental hospital district consists of an administrative county, the expenses incurred by the mental hospital authority for the district shall be defrayed by that authority and shall be raised by means of the poor rate equally over the whole of such county.
(2) Where a mental hospital district consists of a county borough, the expenses incurred by the mental hospital authority for the district shall be defrayed by that authority.
(3) Where a mental hospital district consists of two or more administrative counties, the sum required to defray the expenses incurred by the mental hospital authority for the district during every year ending on the 31st day of March shall be supplied by the councils of the counties severally in proportion to the net cost of maintenance, determined by the prescribed method, of the chargeable patients from their respective functional areas maintained by the mental hospital authority during such year, and the proportionate part of that sum of each such council of a county shall be raised by means of the poor rate equally over the whole of the county.
(4) Where a mental hospital district consists of a county borough and one or more administrative counties, the sum required to defray the expenses incurred by the mental hospital authority for the district during every year ending on the 31st day of March shall be supplied by the corporation of such borough and the council of such county or the councils of such counties severally in proportion to the net cost of maintenance, determined by the prescribed method, of the chargeable patients from their respective functional areas maintained by the mental hospital authority during such year, and the proportionate part of that sum of such council of a county or of each such council of a county shall be raised by means of the poor rate equally over the whole of the county.
(5) All moneys required by this section to be supplied by the council of a county or the corporation of a county borough shall be supplied on demand made by the relevant joint board in the prescribed form and manner and at the prescribed time.
Borrowing.
44.—(1) A mental hospital authority may borrow for the purposes of defraying any expenses incurred by them in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.
(2) The provisions of the Public Health Acts, 1878 to 1931, in relation to borrowing by a sanitary authority (except sub-sections (2) and (3) of section 238 of the Public Health (Ireland) Act, 1878) shall, with the necessary modifications, apply in relation to any borrowing under this section.
(3) Money borrowed under this section may be lent by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1940, and was authorised by an Act of the Oireachtas.
Limit on borrowing.
45.—(1) The amount standing at any particular time borrowed by a mental hospital authority which is a joint board, or by a council of a county or corporation of a county borough as a mental hospital authority, shall not exceed one-fourth of the total amount of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts in the mental hospital district of such mental hospital authority.
(2) The amount standing at any particular time borrowed by a council of a county as a mental hospital authority shall not be reckoned as part of the total debt of the council for the purpose of the limitation on borrowing imposed by Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898.
Treasurer of joint board.
46.—A joint board shall appoint a banking company to act as their treasurer.
Amounts received by joint board.
47.—(1) All amounts payable to a joint board shall be paid to and received by their treasurer and, when so received, shall be placed by the treasurer to the credit of the board.
(2) The receipt of the treasurer of a joint board shall be the only good discharge to a person paying money to the board.
(3) Notwithstanding the provisions of sub-section (2) of this section, the receipt of an officer of a joint board, duly authorised by them or by or under any enactment to receive payments of a particular class, shall be a good discharge to a person making a payment of that class to that officer.
Amounts paid by joint board.
48.—(1) All amounts payable by a joint board shall be paid by their treasurer.
(2) The treasurer of a joint board shall not make any payment out of their funds except—
(a) in pursuance of an order of a Court, or
(b) with an authority given under section 21 of the County Management Act, 1940 (No. 12 of 1940).
Audit of accounts of joint board.
49.—Section 12 and sections 14, 15, 17, and 18 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, sections 19 to 22 of the Local Government (Ireland) Act, 1902, and paragraph (3) of Article 19 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall (subject to the provisions of Part VII of the Local Government Act, 1941 (No. 23 of 1941)) apply to the audit of the accounts of the receipts and payments of a joint board and to the auditor appointed to audit such accounts.
PART VII.
Acquisition and Disposal of Land by Mental Hospital Authorities.
Definitions for purposes of Part VII.
50.—In this Part of this Act—
the word “land” includes water and any estate or interest in land or water and any easement or right in to or over land or water,
the expression “compulsory acquisition order” means an order under this Part of this Act for the acquisition compulsorily of land.
Powers of mental hospital authority to acquire land.
51.—A mental hospital authority may, for the purposes of their powers and duties, acquire land either by agreement with the consent of the Minister or compulsorily under this Part of this Act and the Acts incorporated therewith.
Incorporation of Lands Clauses Acts.
52.—For the purpose of the acquisition of land under this Part of this Act by a mental hospital authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say:—
(a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be so incorporated;
(b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the mental hospital authority shall be deemed to be the promoters of the undertaking;
(c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated—
the expression “local authority” shall mean a mental hospital authority;
the expression “confirming Act” shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act;
the expression “confirming authority” shall mean the Minister; and
references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act;
(d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest was not reasonably necessary and was effected with a view to obtaining or increasing the compensation.
Power of mental hospital authority to inspect land.
53.—(1) An officer or agent of a mental hospital authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of nine o'clock in the forenoon and six o'clock in the afternoon for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.
(2) A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.
(3) Before a person enters under this section on any land, the mental hospital authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days notice in writing of the intention to make the entry.
(4) A person to whom a notice of intention to enter on land has been given under this section by a mental hospital authority may, not later than fourteen days after the giving of such notice, apply, on notice to such mental hospital authority, to the justice of the District Court having jurisdiction in the district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
(5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.
(6) A person who suffers damage by anything done under this section on any land and, within one month after such thing is done, makes to the mental hospital authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the authority in any court of competent jurisdiction as a simple contract debt.
(7) In default of agreement, the amount of any compensation payable by a mental hospital authority under this section shall, if the amount claimed in respect thereof does not exceed twenty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.
(8) Every person who shall, by act or omission, obstruct an officer or agent of a mental hospital authority in the lawful exercise of the powers conferred by 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 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.
Making of compulsory acquisition order.
54.—(1) Where a mental hospital authority desire to acquire compulsorily under this Part of this Act any particular land, they may make an order that such land be acquired compulsorily under this Part of this Act.
(2) A compulsory acquisition order shall be in the prescribed form and shall describe the lands to which it relates by reference to a map complying with the prescribed conditions.
Notices, etc., of making of compulsory acquisition order.
55.—(1) Where a mental hospital authority make a compulsory acquisition order, they shall—
(a) publish at least once in a newspaper circulating in their mental hospital district an advertisement in the prescribed form stating that a compulsory acquisition order has been made by them in respect of specified land and that the order and the map referred to therein may be inspected at a specified place, and
(b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which the order relates a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this sub-section and also stating that any person aggrieved by the order may send to the Minister, in a specified manner and within a specified time, an objection to the order.
(2) A mental hospital authority who have made a compulsory acquisition order and complied in respect thereof with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.
Confirmation of compulsory acquisition order.
56.—Where an application is made under this Part of this Act to the Minister for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with, the following provisions shall have effect:—
(a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister or every such objection so made is withdrawn, the Minister may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper;
(b) in any case to which paragraph (a) of this section applies, the Minister may, if he so thinks fit, before dealing with the application cause an inquiry under this Act to be held in respect of the compulsory acquisition order;
(c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister and is not withdrawn, the Minister shall cause an inquiry under this Act to be held in respect of the compulsory acquisition order;
(d) where an inquiry is held in pursuance of the next preceding paragraph, the Minister, having considered the report of the person by whom the inquiry was held and the objection or all the objections which occasioned the holding of the inquiry, may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper.
Notices, etc., of confirmation of compulsory acquisition order.
57.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the mental hospital authority by whom the compulsory acquisition order was made shall—
(a) publish in a newspaper circulating in their mental hospital district an advertisement in the prescribed form stating that the compulsory acquisition order has been confirmed by the Minister and that a copy thereof as so confirmed and the map referred to therein may be inspected at a specified place, and
(b) give to every person who appeared at the inquiry (if any) held in respect of the compulsory acquisition order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this section.
Annulment of compulsory acquisition order by the High Court.
58.—(1) A person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of the order by the Minister, apply to the High Court for the complete or the partial annulment of the order, and the High Court, if it is satisfied that the order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making the application or any other person has been substantially prejudiced by any failure to comply in relation to the order with the provisions of this Part of this Act, may, as the High Court thinks proper, annul the whole of the order or annul a part thereof.
(2) Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which the application relates until the application has been finally determined.
(3) Save as is otherwise provided by this section, a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any Court.
Commencement of compulsory acquisition order.
59.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation—
(a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of the order—on the final determination of that application, or
(b) if no such application is so made—on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of the order by the Minister.
(2) As soon as may be after a compulsory acquisition order comes into operation, the mental hospital authority by whom the order was made shall give a copy of the order to every person to whom notice of the making of the order was given in pursuance of this Part of this Act.
Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.
60.—Where land acquired by a mental hospital authority is subject in conjunction with other land to an annuity or other annual payment payable to the Irish Land Commission, or to the Commissioners of Public Works in Ireland, the said Commission or the said Commissioners (as the case may be) may apportion the annuity or other annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of the annuity or other annual payment on any part of the land subject thereto in exoneration of the residue of such land.
Appropriation of surplus land to other purposes.
61.—A mental hospital authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of their powers and duties any land vested for any purpose in them and not required for the purpose for which it was acquired.
Disposal of surplus land.
62.—(1) A mental hospital authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land acquired by them.
(2) The proceeds of the sale under this section of any land by a mental hospital authority shall, so far as such proceeds are capital money, be applied with the consent of the Minister to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by the authority.
(3) Where land is exchanged under this section by a mental hospital authority, the land taken in such exchange shall (subject to the provisions of this Part of this Act in relation to the appropriation and use of land not required for the purpose for which it was acquired) be applied to the purposes to which the land given in such exchange was applicable by the authority.
PART VIII.
Superannuation, etc., of Officers and Servants of Mental Hospital Authorities.
Definitions for purposes of Part VIII.
63.—(1) In this Part of this Act—
the word “officer” means an officer whose duties relate to the functions of a mental hospital authority under this Act and who either—
(a) devotes the whole of his time to the service of one or more than one mental hospital authority, or
(b) is required by virtue of his office to be a registered medical practitioner,
but the said word does not include an officer who is appointed to hold an office either—
(a) for a specified period, or
(b) until a specified work or duty has been completed, or
(c) until the appointment of another person to hold such office, or
(d) as a substitute officer;
the word “servant” means a servant whose duties relate to the functions of a mental hospital authority under this Act and who devotes the whole of his time to the service of one or more than one mental hospital authority, but the said word does not include a servant who is appointed to hold a position either—
(a) for a specified period, or
(b) until a specified work or duty has been completed, or
(c) until the appointment of another person to hold such position, or
(d) as a substitute servant;
the words “salary” and “wages” include emoluments, but do not include payments for overtime, travelling expenses, or any allowances paid to cover the cost of office accommodation or clerical assistance;
the word “emoluments” includes all fees, poundage, and other payments paid by a mental hospital authority to any of their officers or servants as such for his own use, and also the money value of any apartments, rations, or other allowance in kind appertaining to his office or employment;
the expression “the appropriate medical officer” means the resident medical superintendent of the district mental hospital maintained by the relevant mental hospital authority;
the expression “the Act of 1909” means the Asylum Officers' Superannuation Act, 1909.
(2) A mental hospital authority shall from time to time or as directed by the Minister determine, with the consent of the Minister, the annual value in money of the emoluments of their officers and servants and shall keep affixed in a conspicuous position in each institution maintained by them a detailed list of the values determined as aforesaid of the emoluments of the officers and servants employed in such institution.
(3) The yearly salary or wages of an officer or servant shall, for the purposes of this Part of this Act, be taken to be the average amount of his yearly salary or wages during the three years ending on the quarter day immediately preceding the day on which he ceases to hold office or employment or, in the case of an officer or servant with less than three years' service, the average amount of his yearly salary or wages during the whole period of his service.
(4) For the purposes of this Part of this Act, service of an officer or servant of a mental hospital authority which was given before the commencement of this Part of this Act and in respect of which contributions were made under the Act of 1909 shall be deemed to be service under a mental hospital authority and, in case the service or any part thereof was service with a committee to which a joint board are the successor, the service or the said part of the service shall be deemed to be service under the joint board.
(5) Where an officer or servant of a mental hospital authority gave service before the commencement of this Part of this Act in respect of which he would have made contributions under the Act of 1909 but for such service having been given while he was regarded as not being an established officer or servant within the meaning of the Act of 1909, such officer or servant may elect to make such contributions after the commencement of this Part of this Act notwithstanding that the Act of 1909 has been repealed and, on so making such contributions, they shall be regarded for the purposes of this Part of this Act as contributions made under the Act of 1909.—
Non-application of Part VIII in certain cases.
64.—(1) Where a person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority was, immediately before such commencement, subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909—
(a) this Part of this Act (with the exception of this sub-section) shall not apply to such person, and
(b) such person shall continue to be subject to the said provisions repealed by the Act of 1909.
(2) A person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority and who, immediately before such commencement, was not a person subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909 may, not later than six months after the commencement of this Part of this Act, signify in writing to the authority that he does not wish to avail himself of the provisions of this Part of this Act, and thereupon—
(a) this Part of this Act (with the exception of this sub-section) shall not apply and shall be deemed never to have applied to such person, and
(b) such person shall, with effect as from the commencement of this Part of this Act, continue to be subject to the same enactments relating to superannuation and like matters as he was subject to immediately before such commencement, subject to the modification that, in any application to him of section 16 of the Act of 1909, the word “three” shall be substituted for the word “ten” in both places where the latter word occurs in the said section 16.
Register of certain officers and servants.
65.—(1) A mental hospital authority shall maintain a register of the officers and servants employed by them who have the care or charge of patients in the usual course of their employment.
(2) A mental hospital authority shall, on the application of an officer or servant employed by them, inform him in writing whether his name is or is not entered in the register maintained under this section by them.
(3) A mental hospital authority shall keep affixed in a conspicuous position in each institution maintained by them a notice stating that, on the application of an officer or servant employed by them, they will inform him whether his name is or is not entered in the register maintained under this section by them.
(4) No name, other than the name of an officer or servant whose employment consists solely of the care or charge of patients, shall be entered in a register maintained under this section save with the consent of the Minister.
(5) No name shall be removed from a register maintained under this section save with the consent of the Minister.
(6) If an officer or servant of a mental hospital authority is aggrieved by their failure or refusal to enter his name in the register maintained by them under this section, he may complain to the Minister in writing and, if after consideration of the complaint, the Minister directs the authority to enter the name of the officer or servant in such register, they shall carry out such direction.
Superannuation of registered officers and servants.
66.—(1) This section applies to every officer or servant of a mental hospital authority—
(a) whose name is registered in the register maintained under this Part of this Act by the authority, and
(b) who has been in the service of a mental hospital authority for not less than twenty years, and
(c) who is not less than fifty-five years of age.
(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority, who, while this section applies to him, resigns or otherwise ceases to hold office or employment shall be entitled to receive from the authority—
(a) an allowance during life the annual amount of which shall consist of—
(i) twenty-eightieths of his yearly salary or wages, and
(ii) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-eightieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years, and
(b) a lump sum consisting of—
(i) twenty-thirtieths of his yearly salary or wages, and
(ii) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-thirtieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years.
Pensions, etc., to registered officers and servants on being incapacitated.
67.—(1) This section applies to every officer or servant of a mental hospital authority—
(a) whose name is registered in the register maintained under this Part of this Act by the authority, and
(b) who has been in the service of a mental hospital authority for not less than ten years, and
(c) who either—
(i) has been in the service of a mental hospital authority for less than twenty years, or
(ii) is less than fifty-five years of age.
(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment on account of having sustained or contracted, otherwise than through his own misconduct, any physical or mental injury or illness which is certified by the appropriate medical officer to have caused permanent incapacity for taking-care of patients shall be entitled to receive from the authority—
(a) where he has been in the service of a mental hospital authority for less than twenty years—
(i) an allowance during life or incapacity the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and
(ii) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service; and
(b) where he has been in the service of a mental hospital authority for twenty years or longer—
(i) an allowance during life or incapacity the annual amount of which shall consist of—
(I) twenty-eightieths of his yearly salary or wages, and
(II) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-eightieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years, and
(ii) a lump sum consisting of—
(I) twenty-thirtieths of his yearly salary or wages, and
(II) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-thirtieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years.
Superannuation of officers and servants who are not registered.
68.—(1) This section applies to every officer or servant of a mental hospital authority—
(a) whose name is not registered in the register maintained under this Part of this Act by the authority, and
(b) who has been in the service of a mental hospital authority for not less than twenty years, and
(c) who is not less than sixty years of age.
(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment shall be entitled to receive from the authority—
(a) an allowance during life the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and
(b) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service.
Pensions, etc., to officers and servants who are not registered on being incapacitated.
69.—(1) This section applies to every officer or servant of a mental hospital authority—
(a) whose name is not registered in the register maintained under this Part of this Act by the authority, and
(b) who has been in the service of a mental hospital authority for not less than ten years, and
(c) who either—
(i) has been in service of a mental hospital authority for less than twenty years, or
(ii) is less than sixty years of age.
(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment on account of having sustained or contracted, otherwise than through his own misconduct, any physical or mental injury or illness which is certified by the appropriate medical officer to have caused permanent incapacity for the performance of his duties shall be entitled to receive from that authority—
(a) an allowance during life or incapacity the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and
(b) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service.
Payment where officer or servant dies.
70.—Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for five years or longer, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay to the legal personal representative of such officer or servant—
(a) where such officer or servant would, if he had not died but had resigned at the time when his death occurred, have been entitled to receive under this Part of this Act a lump sum—such lump sum or a year's salary or wages (whichever is the greater), or
(b) in any other case—a year's salary or wages.
Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.
71.—(1) Where—
(a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and
(b) the injury is directly attributable to the nature of his duties, and
(c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and
(d) he has been in the service of a mental hospital authority for less than ten years,
the mental hospital authority in whose service he is injured may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such annual allowance and lump sum as in all the circumstances of the case they consider proper.
(2) A mental hospital authority, in determining the amounts of the annual allowance and lump sum to be granted under sub-section (1) of this section to an injured officer or servant shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.
(3) Where—
(a) an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, contracts, otherwise than through his own misconduct or negligence, any physical or mental illness in the service of such authority, and
(b) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness for performing his duties, and
(c) he has been in the service of a mental hospital authority for five years or longer and less than ten years,
the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such allowance and lump sum as in all the circumstances of the case they consider proper.
(4) The amount of an allowance or lump sum granted under sub-section (3) of this section shall not exceed the amount which would be appropriate if it were being granted under section 67 of this Act on the basis of the grantee having twice the number of his actual completed years of service.
Pension, etc., in certain special cases.
72.—(1) A mental hospital authority shall, with the consent of the Minister, grant to any officer or servant in their service, who has been in the service of a mental hospital authority for not less than ten years and—
(a) who is removed from his office or employment for a cause other than misconduct or incapacity, or
(b) whose office or employment is abolished, or
(c) whose position has, in the opinion of the Minister, been materially altered to his detriment owing to changes in his conditions of service made without reasonable cause, and who resigns his office or employment with the consent of the Minister,
such annual allowance and lump sum as in all the circumstances of the case they consider proper.
(2) Where an officer or servant of a mental hospital authority becomes entitled to be granted an allowance and lump sum under this section, and he would, but for this sub-section, also be entitled to an allowance and lump sum granted pursuant to section 66 or section 68 of this Act, such officer or servant shall not be entitled to the latter allowance and lump sum, but, without prejudice to section 73 of this Act, the allowance and lump sum which are granted to him under this section shall not be less respectively than the allowance and lump sum which he would have been granted under the said section 66 or the said section 68 (as the case may be) but for this sub-section.
Reduction of allowance in certain cases.
73.—(1) This section applies to every officer or servant of a mental hospital authority—
(a) who has resigned or otherwise ceased to hold office or employment, and
(b) who is entitled to receive under this Part of this Act an allowance from the authority, and
(c) who did not perform his duties as their officer or servant to their satisfaction.
(2) A mental hospital authority may, as regards any of their officers or servants who is an officer or servant to whom this section applies, determine, subject to the consent of the Minister, that the allowance payable by them to him under this Part of this Act shall be reduced to such extent as they consider just, and such officer or servant shall thereupon be entitled to receive such allowance as so reduced and not otherwise.
Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.
74.—(1) Where—
(a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and
(b) the injury is directly attributable to the nature of his duties, and
(c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and
(d) he has been in the service of a mental hospital authority for ten years or longer,
the mental hospital authority in whose service he is injured may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.
(2) A mental hospital authority, in determining the amounts of the increases to be granted under sub-section (1) of this section to an injured officer or servant, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.
(3) Where—
(a) an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, contracts, otherwise than through his own misconduct or negligence, any physical or mental illness in the service of such authority, and
(b) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness from performing his duties, and
(c) he has been in the service of a mental hospital authority for ten years or longer,
the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and to the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.
(4) The amount of an increase granted under sub-section (3) of this section of an allowance or lump sum shall not exceed the difference between such allowance or lump sum and that to which the grantee would be entitled under this Part of this Act (other than this section) if his years of completed service were increased by ten.
Ascertainment of continuation of incapacity.
75.—(1) Where a person is entitled under section 67, section 69, or section 71 of this Act to receive an allowance or is entitled under section 74 of this Act to receive an increased allowance, the following provisions shall have effect:—
(a) the mental hospital authority by whom the allowance is payable shall from time to time ascertain whether or not the incapacity of such person continues and, for that purpose, may require him to submit himself from time to time to such medical examinations as they may arrange;
(b) if such person fails or refuses to submit himself to any such medical examination, he shall cease to be entitled to receive the allowance;
(c) if at least two registered medical practitioners certify that such person's incapacity has ceased, the authority may, in their discretion, but subject to the consent of the Minister, cancel the allowance and, if they do so, such person shall cease to be entitled to receive the allowance as from the date on which it is cancelled and the authority may, in their discretion, offer him a position in their service of a kind and at a rate of salary or wages at least equal to that enjoyed by him when formerly in their service.
(2) The obligations under this section of a mental hospital authority in regard to any particular person in receipt of an allowance shall cease—
(a) where the name of such person was, immediately before he resigned or otherwise ceased to hold office or employment, entered in the register maintained by the authority under this Part of this Act—on such person's attaining the age of fifty-five years, and
(b) in any other case—on such person's attaining the age of sixty years.
(3) Where a registered medical practitioner examines a person for the purposes of this section and the practitioner is not an officer of the mental hospital authority by whom the examination was arranged, such authority shall pay to the practitioner a fee of one guinea for the examination.
(4) Nothing in this section shall render any period of service under a mental hospital authority of any of their officers or servants reckonable more than once for the purpose of calculating a lump sum payable under this Part of this Act.
Marriage gratuities.
76.—Where—
(a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and
(b) she has been in the service of a mental hospital authority for not less than five years, and
(c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,
the mental hospital authority whose service she has left shall pay to her a gratuity consisting of one-twelfth of her yearly salary or wages in respect of each of her completed years of service, but subject to the limitation that the gratuity shall not exceed her yearly salary or wages.
Allowances to widows in certain cases.
77.—(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.
(2) A mental hospital authority, in determining the amount of an allowance to be granted under sub-section (1) of this section to a widow, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by the widow otherwise than under this Part of this Act in relation to the death of her husband.
(3) Where an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, dies while in their service as a result of any physical or mental illness which was contracted, otherwise than through his own misconduct or negligence, in the service of such authority and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.
(4) A mental hospital authority by whom an allowance has been granted under this section may, subject to the consent of the Minister and the provisions of this Part of this Act, reduce, increase, cancel, or restore (where previously cancelled) such allowance in any circumstances which in their opinion render that course proper.
Allowance in respect of children in certain cases.
78.—(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.
(2) A mental hospital authority, in determining the amount of an allowance to be granted under sub-section (1) of this section, in relation to the death of an officer or servant, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim, on behalf of the child in respect of whom the allowance is to be granted, otherwise than under this Part of this Act in relation to such death.
(3) Where an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, dies while in their service as a result of any physical or mental illness which was contracted, otherwise than through his own misconduct or negligence, in the service of such authority and such officer or servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.
(4) An allowance under this section shall be paid by the mental hospital authority by whom it was granted to such person as from time to time they think proper for expenditure on behalf of the child in respect of whom it was granted.
(5) A mental hospital authority by whom an allowance has been granted under this section may, subject to the consent of the Minister and the provisions of this Part of this Act, reduce, increase, cancel, or restore (where previously cancelled) such allowance in any circumstances which in their opinion render that course proper.
(6) An allowance under this section shall cease finally on the attainment by the child in respect of whom the allowance was granted of the age of sixteen years or his earlier death.
Limit on allowances and lump sums.
79.—(1) Notwithstanding anything contained in this Part of this Act—
(a) an allowance under this Part of this Act shall not exceed—
(i) in the case of an allowance under section 77 of this Act, one-third of the yearly salary or wages of the officer or servant in question,
(ii) in any other case, one-half of such yearly salary or wages,
(b) a lump sum under this Part of this Act shall not exceed one and one-half times the yearly salary or wages of the officer or servant in question.
(2) For the purposes of paragraph (a) of sub-section (1) of this section, two or more allowances under section 78 of this Act related to the same death shall be regarded as one allowance consisting of the aggregate of such allowances.
Payment of certain deficiencies.
80.—Where an officer or servant of a mental hospital authority who becomes entitled to receive from the authority an allowance and lump sum under this Part of this Act dies while the payments made on foot of the allowance and the lump sum are, in the aggregate, less than his yearly salary or wages, the authority shall pay to the legal personal representative of such officer or servant the amount by which such aggregate is less than his yearly salary or wages.
Forfeiture of allowance in case of grave misconduct.
81.—(1) Where an officer or servant of a mental hospital authority is on account of grave misconduct removed from office or dismissed, he shall not be entitled to receive under this Part of this Act any allowance or lump sum referable in whole or in part to his service under a mental hospital authority prior to such removal or dismissal.
(2) The mental hospital authority in whose service an officer or servant to whom this section is applicable was immediately before his removal from office or dismissal may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to such officer or servant or to or in respect of any person whom he is liable to maintain a sum equal to the whole or part of the aggregate of his contributions under this Part of this Act.
(3) In this section the expression “grave misconduct” means misconduct which the mental hospital authority, in whose service the relevant officer or servant was immediately before his removal from office or dismissal, determine, with the consent of the Minister, to be grave misconduct.
Reckoning, of service.
82.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any mental hospital authority, being service as an officer or servant, shall be aggregated and reckoned for the purposes of this Part of this Act.
(2) Notwithstanding sub-section (1) of this section, 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 as an officer or servant ending on the date when he leaves their service is less than twelve months, his service during that period shall not be aggregated or reckoned for the purposes of this Part of this Act.
(3) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any local authority other than a mental hospital authority, being service reckonable by such local authority for superannuation purposes, shall be aggregated and reckoned for the purposes of this Part of this Act as if it were service with a mental hospital authority.
(4) Notwithstanding sub-section (3) of this section—
(a) whenever and so often as an officer or servant of a local authority other than a mental hospital authority leaves their service and the period of his continuous service with them, being service reckonable by them for superannuation purposes, 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 for the purposes of this Part of this Act,
(b) service with a local authority other than a mental hospital authority in respect of which a superannuation allowance has been granted by such local authority shall not be aggregated or reckoned for the purposes of this Part of this Act.
(5) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of an officer of a local authority other than a mental hospital authority and an officer or servant of a mental hospital authority, the mental hospital authority shall, with the consent of the Minister, 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.
Abatement of allowance on appointment of recipient.
83.—(1) Where any person, to whom an allowance under this Part of this Act is paid, is appointed to any office or employment by a mental hospital authority or any other local authority or to any office or employment remunerated out of moneys provided by the Oireachtas, the following provisions shall, so long as he holds such office or employment, have effect:—
(a) in case the remuneration of such office or employment equals or is greater than that of the office or employment in respect of which the allowance was granted—such person shall not be paid the allowance;
(b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the remuneration of such office or employment, equals the remuneration of the office in respect of which the allowance was granted.
(2) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, not paid, the contribution shall also not be paid.
(3) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.
Reduction of certain allowances.
84.—(1) Where a person, to whom an allowance is paid on account of having ceased, before or after the commencement of this Part of this Act, to hold an office or employment (in this section referred to as the former office) remunerated out of moneys provided by the Oireachtas or to which he was appointed by a local authority other than a mental hospital authority, is appointed to any office or employment (in this section referred to as the later office) by a mental hospital authority, the following provisions shall, so long as he holds the later office, have effect:—
(a) in case the salary or wages of the later office are equal to or greater than the salary or wages of the former office—such person shall not be paid the allowance;
(b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the salary or wages of the later office, equals the salary or wages of the former office.
(2) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, not paid, the contribution shall also not be paid.
(3) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.
Contributions.
85.—(1) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority shall contribute in each year for the purposes of this Part of this Act three per cent. of his salary or wages for that year and the amount of such contribution shall from time to time be deducted from his salary or wages.
(2) Where a deduction proper to be made under this section by a mental hospital authority from the salary or wages of an officer or servant is not made, the authority may recover the amount in question by retaining it out of any sum due by them to the officer or servant or by withholding any allowance or lump sum payable by them under this Part of this Act to or in respect of the officer or servant.
(3) Every contribution made under the Act of 1909 by an officer or servant of a mental hospital authority shall, where appropriate, be regarded as a contribution under this Part of this Act.
Return of contributions.
86.—(1) Where—
(a) an officer or servant of a mental hospital authority loses his office or employment by any cause other than misconduct or voluntary resignation, and
(b) he has been in the service of a mental hospital authority for less than ten years,
the mental hospital authority in whose service he was immediately before he lost his office or employment shall, save where such authority make a grant to him under section 71 of this Act, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him the aggregate amount of his contributions under this Part of this Act.
(2) Where an officer or servant of a mental hospital authority resigns voluntarily from their service and is not thereupon entitled to an allowance under this Part of this Act, the authority may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him a sum equal to the whole or part of the aggregate amount of his contributions under this Part of this Act.
(3) Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for less than five years, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to his legal personal representative the aggregate amount of the contributions of such officer or servant under this Part of this Act.
(4) Where—
(a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and
(b) she has been in the service of a mental hospital authority for less than five years, and
(c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,
the mental hospital authority whose service she has left shall, subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922, pay to her the aggregate amount of her contributions under this Part of this Act.
(5) Where an officer or servant who receives a payment under this section is subsequently appointed to the service of a mental authority, no service under any mental hospital authority of such officer or servant before such appointment shall be aggregated or reckoned for the purposes of this Part of this Act unless, upon such appointment, such payment is returned to the mental hospital authority by whom it was paid.
(6) Where a payment is returned to a mental hospital authority under sub-section (5) 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.
Assignment of pensions, etc.
87.—(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Part of this Act by a mental hospital authority to any person (in this section referred to as the recipient), that is to say:—
(a) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the family of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor,
(b) where any public assistance is given in pursuance of the Public Assistance Act, 1939 (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.
(2) 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.
(3) 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.
Officer or servant becoming Civil Servant.
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.
(2) 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.
(3) 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.
Civil Servant becoming officer or servant.
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.
(2) 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.
(3) 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.
(4) 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.
Contributions in case of service with more than one mental hospital authority.
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.
Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.
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.
(2) 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.
(3) 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.
(4) 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.
Appeal to the Minister.
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.
(2) 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.
(3) 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.
Age limit.
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.
(2) 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.
(3) A declaration under this section shall come into force six months after the day on which it is made.
(4) 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.
(5) 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.
PART IX.
Miscellaneous Provisions Relating to Mental Hospital Authorities.
Resident medical superintendent.
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.
(2) 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.
(3) A resident medical superintendent shall reside in the residential accommodation provided for him by the mental hospital authority by whom he was appointed.
Committees of mental hospital authorities.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Visiting committee of district mental hospital.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
Visiting committee of auxiliary mental hospital.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
Joint administration of mental hospital districts.
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.
(2) 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.
(3) 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.
(4) 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.
Reception of minutes of proceedings at meeting of joint board as evidence, etc.
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.
(2) 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.
Joint board as local authority for purposes of certain Acts.
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.
Arrangement for maintenance in institution not maintained by relevant mental hospital authority.
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.
(2) 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.
(3) 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.
Arrangement for treatment in approved institutions.
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.
Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.
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.
(2) 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.
Religious services and chaplains in institutions maintained by mental hospital authority.
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.
(2) 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.
(3) 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.
Regulations as to contracts by mental hospital authorities.
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.
(2) 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.
(3) 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.
(4) 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.
Contributions to associations and societies for prevention and treatment of mental disease.
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.
Burials.
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.
(2) 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.
(3) 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.
Transfer of patient to proper district mental hospital, etc.
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.
(2) 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.
(3) 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.
Admission of persons as private patients to mental institution maintained by mental hospital authority.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 194.0 and 1942.
Regulations for guidance and control of mental hospital authorities and their officers.
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.
PART X.
Private Institutions.
Definitions for purposes of Part X.
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.
Register of private institutions.
112.—(1) The Minister shall keep a register of private institutions.
(2) 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.
Obligation to register private institution.
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.
Exceptions from obligation to register private institution.
114.—Section 113 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.
Application for registration or renewal of registration of private institution.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Duration of registration of private institution.
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.
(2) 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.
(3) 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.
Certificate of registration or renewal of registration of private institution.
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.
Refusal of registration or renewal of registration of private institution and removal from register of private institution.
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.
(2) 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.
(3) 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.
Grounds for refusal of registration of private institution.
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.
Grounds for refusing renewal of registration of private institution.
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.
Grounds for removal of private institution from register.
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.
Continuation of certain powers after removal of private institution from register or after registration not being renewed.
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.
Disqualification from being member of governing body of private institution.
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.
Provisions consequent upon transfer, etc., of private institution.
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.
Striking out or correction of registration of private institution.
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.
Addition to or alteration of premises of private institution.
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.
Keeping of plans of premises of private institution available for inspection.
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.
Restriction on number of patients in private institution.
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.
Visitation of private institution where two or more patients are kept.
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.
(2) 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.
Visitation of sole patient in private institution.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Register of patients in private institution.
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.
Regulations governing carrying on of private institution, etc.
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.
(2) 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.
(3) 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.
PART XI.
Private Charitable Institutions.
Definitions for purposes of Part XI.
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.
Register of private charitable institutions.
134.—(1) The Minister shall keep a register of private charitable institutions.
(2) 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.
Obligation to register private charitable institution.
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.
Exceptions from obligation to register private charitable institution.
136.—Section 135 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.
Application for registration or renewal of registration of private charitable institution.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Duration of registration of private charitable institution.
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.
(2) 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.
(3) 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.
Certificate of registration or renewal of registration of private charitable institution.
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.
Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.
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.
(2) 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.
(3) 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.
Grounds for refusal of registration of private charitable institution.
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.
Grounds for refusing renewal of registration of private charitable institution.
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.
Grounds for removal of private charitable institution from register.
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.
Continuation of certain powers after removal of private charitable institution from register or after registration not being renewed.
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.
Disqualification from being member of governing, body of private charitable institution.
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.
Provisions consequent upon transfer, etc., of private charitable institution.
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.
Striking out or correction of registration of private charitable institution.
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.
Addition to or alteration of premises of private charitable institution.
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.
Keeping of plans of premises of private charitable institution available for inspection.
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.
Restriction on number of patients in private charitable institution.
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.
Visitation of private charitable institution.
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.
(2) 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.
Register of patients in private charitable institution.
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.
Regulations governing carrying on of private charitable institutions, etc.
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.
(2) 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.
(3) 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.
Abstract of accounts.
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.
(2) 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.
PART XII.
Authorised Institutions.
Register of patients in authorised institution.
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.
Requisition to remedy defects.
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.
(2) 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.
Requisition not to use authorised institution for taking care of persons of unsound mind.
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.
(2) The Minister may by order revoke an order made under sub-section (1) of this section.
(3) 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.
PART XIII.
Approved Institutions.
Approval by order of the Minister.
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.
(2) 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.
(3) 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.
(4) 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.
(5) The Minister may attach such conditions as he thinks proper to an approval order.
(6) 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.
Restriction on reception of persons as temporary and voluntary patients.
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.
(2) 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.
(3) 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.
Register of patients in approved institution.
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.
Regulations governing carrying on of approved institutions.
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.
(2) 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.
(3) 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.
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.
Chapter II.
Private Patient Reception Orders.
Application for private patient reception order.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
Making of private patient reception order.
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.
(2) 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.
Restriction on receptions under private patient reception orders.
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.
(2) 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.
Disclosure of previous application for private patient reception order.
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.
(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.
Effect of private patient reception order.
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.
(2) 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.
(3) 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.
(4) 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.
Amendment of private patient reception order.
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.
(2) 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.
(3) 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.
(4) 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.
Certificate by registered medical practitioners making private-patient reception order that escort is necessary, etc.
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.
(2) 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.
Chapter III.
Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders.
Application for and making of temporary chargeable patient reception order.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Application for and making of temporary private patient reception order.
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
Effect of temporary chargeable patient reception order or temporary private patient reception order.
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.
(2) 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.
Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.
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.
(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.
Co-operation in removal upon making of temporary chargeable patient reception order.
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.
Extension of period of detention of temporary patient.
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.
(2) 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.
PART XV.
Reception of Persons into Approved Institutions as Voluntary Patients.
Application for reception as voluntary patient and as chargeable patient.
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.
(2) 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.
(3) An application under this section shall be accompanied by a recommendation by the authorised medical officer stating that such officer has examined the person whose reception is sought on a specified date not earlier than seven days before the date of the application and is of opinion that he will benefit by the proposed reception.
Application for reception as voluntary patient and as private patient.
191.—(1) Where it is desired to have a person received as a voluntary patient and as a private patient in an approved institution, the appropriate applicant may make written application in that behalf to the person in charge of the institution.
(2) 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.
(3) An application under this section shall be accompanied by a recommendation of a registered medical practitioner stating that such practitioner has examined the person whose reception is sought on a specified date not earlier than seven days before the date of the application and is of opinion that he will benefit by the proposed reception.
Reception and treatment of voluntary patient.
192.—Where an application is duly made under this Part of this Act for the reception of a person in an approved institution as a voluntary patient, such person may, if there is accommodation for him in the institution not required for a person of unsound mind, be received in the institution as a voluntary patient and may be treated therein and, on his recovery, may be discharged.
Payment of cost of conveyance of voluntary patient receivable as chargeable patient.
193.—(1) Where a person to be received under this Part of this Act in an approved institution will be received as a chargeable patient, the appropriate assistance officer shall defray the reasonable expenses of the conveyance of such person to the institution.
(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.
Notice by voluntary patient that he wishes to leave approved institution.
194.—(1) A person not less than sixteen years of age who is being treated in an approved institution as a voluntary patient may give written notice that he wishes to leave the institution not earlier than seventy-two hours from the giving of the notice, and he shall be entitled and shall be allowed to leave the institution on or at any time after the expiration of the said seventy-two hours.
(2) The parent or guardian of a person less than sixteen years of age who is being treated in an approved institution as a voluntary patient may give written notice that he wishes to remove such person from the institution, and shall be entitled and shall be allowed to remove such person from the institution at any time after he gives such notice.
(3) A notice under this section shall be given to the person in charge of the relevant institution.
Voluntary patient becoming mentally incapable of expressing wishes.
195.—Where a person who is being treated in an approved institution as a voluntary patient becomes mentally incapable of expressing himself as willing or not willing to remain in the institution, he shall be discharged from the institution into the custody of such person as the person in charge of the institution approves of not later than twenty-eight days after becoming so incapable unless he sooner becomes capable of expressing himself as aforesaid or a reception order relating to him is obtained.
Voluntary patient under 16 years of age ceasing to have parent or guardian.
196.—Where a person less than sixteen years of age who is being treated in an approved institution as a voluntary patient ceases to have a parent or guardian or the parent or guardian is incapable of performing or refuses or neglects to perform his duties as such, the person in charge of the institution shall send to the Minister a report on the circumstances of the case and shall carry out all such directions as the Minister may think fit to give consequent upon such report.
Notice of reception, departure, or death of voluntary patient.
197.—(1) Not later than three clear days after the reception of a person in an approved institution as a voluntary patient, notice in the prescribed form of the reception shall be given to the Minister.
(2) Not later than three clear days after the departure from an approved institution of a person who was being treated therein as a voluntary patient, notice in the prescribed form of the departure shall be given to the Minister.
(3) Not later than three clear days after the death in an approved institution of a person who was being treated therein as a voluntary patient, notice of the death shall be given to the Minister.
Register of voluntary patients.
198.—The Minister shall keep a register of persons received in approved institutions as voluntary patients and shall enter in that register the prescribed particulars in regard to each such person.
PART XVI.
Persons Detained Under Reception Orders.
Giving of copy of reception order to Minister.
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.
Register of persons received into mental institutions under reception orders.
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.
Report to Minister on expiration of twenty-one days after reception under 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.
Notice to the Minister of escape, etc.
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.
Absence on trial.
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.
Absence on parole.
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.
Transfer by mental hospital authority to another institution maintained by them.
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.
Transfer to different district mental hospital.
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.
Transfer to Dundrum Central Criminal Lunatic Asylum.
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.
Removal for special treatment.
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.
Boarding-out.
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.
Provisions applicable where chargeable patient is 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.
Provisions applicable where private patient is boarded-out.
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.
Arrangement for maintenance.
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.
Transfer from mental institution not maintained by mental hospital authority.
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.
Transfer on application of applicant for reception order.
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.
Discharge of person detained as private patient on direction.
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.
Person detained becoming desirous of being received as voluntary patient.
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.
Notice of recovery of person detained as private patient.
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.
Notice of recovery of person detained as chargeable patient.
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.
Discharge of person detained as chargeable patient where no relative known.
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.
Application by relative or friend of person detained as chargeable patient to take care of such person.
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.
Certificate that person proposed to be discharged is unfit therefor.
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.
Order for examination of patient.
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.
Visiting of person discharged after detention as chargeable patient.
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.
Sending of person who is detained as chargeable patient and who is eligible for public assistance to district institution on discharge.
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.
Making available of case books to mental hospital authority.
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.
Examination of person detained as temporary patient by Inspector of Mental Hospitals.
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.
Direction to discharge person detained as temporary patient, etc.
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.
Direction to give copy of order and medical certificate to temporary patient.
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.
Retaking on escape.
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.
PART XVII.
Recovery of Cost of Maintenance and Treatment in District Mental Hospitals.
Liability to maintain relations.
230.—(1) For the purposes of this Act and without prejudice to any obligations for the time being imposed by law otherwise than by or for the purposes of this Act, the following provisions shall have effect:—
(a) every legitimate person shall be liable to maintain his or her father and mother;
(b) every illegitimate person shall be liable to maintain his or her mother;
(c) every man shall be liable to maintain such of his legitimate children as are for the time being under the age of sixteen years;
(d) every woman shall be liable to maintain such of her children, whether legitimate or illegitimate, as are for the time being under the age of sixteen years;
(e) every married man shall be liable to maintain his wife and shall also be liable to maintain every child, whether legitimate or illegitimate, of his wife who was born before her marriage to him and is for the time being under the age of sixteen years;
(f) every married woman shall be liable to maintain her husband.
(2) Every reference in this Act to a person who is liable to maintain another person shall be construed as meaning a person who is by virtue of this section liable for the purposes of this Act to maintain such other person.
Particulars for determining if person is a chargeable patient.
231.—Where—
(a) a person is received into a district mental hospital, and
(b) the mental hospital authority maintaining the hospital do not know whether the person is or is not a chargeable patient, and
(c) the mental hospital authority are not the public assistance authority for the public assistance district in which the person ordinarily resided before his reception,
the mental hospital authority shall send particulars of the name and residence of the person to such public assistance authority and that authority shall thereupon send in the prescribed form to the mental hospital authority the particulars necessary to enable the mental hospital authority to determine whether the person is or is not a chargeable patient and, if he is a chargeable patient, what contribution is proper to be made by him or on his behalf towards the cost of the mental hospital assistance given to him.
Liability to contribute to cost of mental hospital assistance.
232.—Where a mental hospital authority give mental hospital assistance to any person (in this section referred to as the patient), the following provisions shall have effect:—
(a) every person who is liable to maintain the patient shall be liable to contribute according to his ability to the cost of the assistance;
(b) the authority may apply to the District Court, on notice to any of the persons liable to maintain the patient, for an order for the contribution by that person to the cost of the assistance;
(c) where, on an application to the District Court for an order under this section, the Court is satisfied that the person against whom the order is sought is, at the time of the hearing of the application, able to contribute to the cost of the assistance, the Court shall fix the amount of the contribution to be made by him and shall order the making by him to the authority of the contribution so fixed either in one sum or by such weekly or monthly instalments as the Court thinks proper;
(d) an order by the District Court under this section for payment to the authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable;
(e) the authority shall not recover by means of applications under this section to the District Court a greater amount than the cost of the assistance or, where a contribution has been made in pursuance of this section, a greater amount than the difference between the contribution and the cost of the assistance.
Liability to repay cost of mental hospital assistance.
233.—Where a mental hospital authority have given mental hospital assistance to any person (in this section referred to as the patient) and none or part only of the cost of the assistance has been repaid to the authority, the following provisions shall have effect in regard to the amount of such cost or of the part thereof not repaid (as the case may be):—
(a) it shall be the duty of the patient or, on his default, whether complete or partial, of every person liable to maintain him, to repay such amount to the authority according to their respective abilities;
(b) where the authority are of opinion that the patient is able to repay to them the whole or part of such amount, they may apply to the District Court on notice to the patient for an order for repayment as aforesaid by the patient and the Court, if it so thinks proper, may appoint a person to represent the patient for all purposes connected with the application;
(c) where the authority are at any time of opinion that the patient is unable to repay to them such amount and that any of the persons who were, at the time when the assistance was given, liable to maintain the patient is able to repay to them the whole or part of such amount, they may apply to the District Court on notice to that person for an order for repayment as aforesaid by him;
(d) where, on an application under this section to the District Court for repayment, the Court is satisfied that the person from whom repayment is sought is, at the time of the hearing of the application, able to repay the whole or part of the amount repayment of which is sought, the Court shall fix the repayment to be made by him and shall order the making by him to the authority of the repayment so fixed either in one sum or by such weekly or monthly instalments as the Court thinks proper;
(e) an order by the District Court under this section for repayment to the authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable;
(f) the authority shall not, by means of applications under this section to the District Court, recover more than such amount.
Appropriation of property.
234.—(1) Where a person receiving mental hospital assistance in a mental institution maintained by a mental hospital authority owns any money or security for money, the authority may—
(a) if the person has such money in his physical possession, take and appropriate it and thereout reimburse themselves in respect of the cost of the mental hospital assistance given by them to the person at any time before such taking, and retain the balance (if any) on behalf of the person,
(b) if the person has such security in his physical possession, take and realise it or a sufficient portion thereof and out of the proceeds reimburse themselves in respect of the cost of the mental hospital assistance given by them to the person at any time before such taking, and retain the balance (if any) on behalf of the person,
(c) in any case, by appropriate legal proceedings, make such money or security available for their reimbursement in respect of the cost of the mental hospital assistance given by them to the person at any time before the institution of the proceedings and reimburse themselves accordingly.
(2) Where a person receiving mental hospital assistance from a mental hospital authority dies and at his death owns any money or other property, the authority may—
(a) where the circumstances so permit, take and appropriate out of such money a sum sufficient to reimburse themselves in respect of the expenses (if any) incurred by them in burying his body and the cost of the mental hospital assistance given by them to the person at any time before his death,
(b) where the circumstances so permit, take and realise such property or a sufficient portion thereof and out of the proceeds reimburse themselves in respect of such expenses and cost,
(c) in any case, by appropriate legal proceedings make such money or property available for their reimbursement in respect of such expenses and cost and reimburse themselves accordingly.
(3) In the foregoing sub-sections of this section, the word “money” includes money deposited in the Post Office Savings Bank or in any other bank and the expression “security for money” includes a deposit book issued by the Post Office Savings Bank to a depositor and also includes a Savings Certificate, and the powers conferred by those sub-sections respectively on a mental hospital authority shall include—
(a) in the case of money in the Post Office Savings Bank, power, on obtaining possession of the deposit book issued in respect thereof by that Bank, to withdraw the money or a sufficient portion thereof in accordance with regulations in that behalf made by the Minister for Finance,
(b) in the case of money in any other bank, power to apply to the District Court for, and, if that Court so thinks proper, to obtain, an order directing the bank to pay the money or a sufficient portion thereof to such mental hospital authority,
(c) in the case of a Savings Certificate, power on obtaining possession thereof, to realise it in accordance with rules in that behalf made by the Minister for Finance.
PART XVIII.
Powers and Duties of the Inspector of Mental Hospitals.
General power of inspection of mental institutions by Inspector of Mental Hospitals.
235.—The Inspector of Mental Hospitals may, whenever and so often as he thinks fit and at any time during the day or night, visit and inspect any mental institution and visit and examine any patient therein.
Periodical inspection of mental institutions by Inspector of Mental Hospitals.
236.—(1) The Inspector of Mental Hospitals shall visit and inspect every district mental hospital and every other institution maintained by a mental hospital authority at least once in each year.
(2) The Inspector of Mental Hospitals shall visit and inspect every mental institution not maintained by a mental hospital authority at least once in each half-year.
Duties of Inspector of Mental Hospitals when making inspection.
237.—When making a visit and inspection of a mental institution required by this Act, the Inspector of Mental Hospitals shall—
(a) inquire whether due regard has been had in the management of the institution to this Act and to the provisions made thereunder,
(b) inquire whether the receptions in and discharges from the institution have been properly effected,
(c) inquire whether the dietary of the patients is satisfactory,
(d) inquire as to the mental and bodily condition of each of the patients on reception and at the time of the visit,
(e) inquire into the facilities given to patients to attend religious services and as to other religious aid given to patients,
(f) inquire where any system of coercion, restraint, or seclusion is in operation and if so—
(i) the particulars of the system,
(ii) the means by which it is practised,
(iii) whether it is by medical treatment or otherwise,
(iv) its results,
(g) inquire as to the classification or non-classification of the patients,
(h) inquire as to the staffing arrangements,
(i) inquire as to the occupations and amusements of the patients, and the effects thereof,
(j) inquire whether occupational therapy or any special form of treatment has been adopted, and, if so, its results,
(k) inspect every part of the premises included in the institution,
(l) see each of the patients received since his next previous visit required by this Act and inspect the documents authorising the reception of each such patient,
(m) inquire as to the discipline in the institution,
(n) make such other inquiries in relation to the institution and the patients and the staff and see such other persons as he thinks proper,
(o) enter in a book to be kept in the institution—
(i) the date of the visit,
(ii) the condition at the date of the visit of the patients,
(iii) the number of patients under restraint and the reasons given therefor,
(iv) particulars of any irregularity noticed during the visit,
(v) any other observations which he thinks proper.
Special attention where propriety of detention is doubtful.
238.—Where the Inspector of Mental Hospitals visits any mental institution, he shall give special attention to the state of mind of any patient detained therein the propriety of whose detention he doubts or has been requested by the patient himself or any other person to examine, and if he becomes of opinion that the propriety of the detention requires further consideration, he shall indicate such opinion in any register of patients kept in the institution.
Further consideration of detention of patient in institution maintained by mental hospital authority.
239.—(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a district mental hospital or other institution maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.
(2) After consideration of a report under sub-section (1) of this section, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals to visit the patient to whom the report relates and to make a report on his mental condition to the Minister.
(3) After consideration of a report under sub-section (2) of this section, the Minister may, if he so thinks fit, by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.
Further consideration of detention of patient in institution not maintained by mental hospital authority.
240.—(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a mental institution not maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.
(2) After consideration of a report under sub-section (1) of this section in relation to a patient detained in a mental institution, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals and the resident medical superintendent of the district mental hospital nearest to such institution (in this section referred to as the visitors) to visit the patient.
(3) On a requisition being made by the Minister under sub-section (2) of this section, the visitors shall make two visits to the patient, the second visit being not less than eighteen days after the first visit.
(4) A first visit and a second visit under this section to a patient shall be made by the same persons as the visitors.
(5) Not less than fourteen days' notice of a second visit under this section to a patient shall be given by the Inspector of Mental Hospitals—
(a) to the person in charge of the mental institution where the patient is detained, and
(b) if it is practicable, to the person at whose instance the patient is detained.
(6) A notice under sub-section (5) of this section to the person in charge of a mental institution may (without prejudice to the giving of such notice in any other manner authorised by this Act) be given by an appropriate entry in any register of patients kept in the institution.
(7) After a second visit under this section has been made to a patient, the Inspector of Mental Hospitals shall make a report on the patient's mental condition to the Minister.
(8) After consideration of a report under sub-section (7) of this section, the Minister, if he so thinks fit, may by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.
(9) The Minister may pay to a resident medical superintendent visiting under this section such sum for his services and expenses as may be prescribed.
Order by President of High Court for visit and examination of person detained as person of unsound mind.
241.—The President of the High Court may by order require and authorise the Inspector of Mental Hospitals to visit and examine any person detained at any place as a person of unsound mind and to report to the President of the High Court on the condition of such person.
Examination on oath.
242.—(1) The Inspector of Mental Hospitals may, for the purpose of carrying out his duties under this Act, examine any person on oath (which he is hereby authorised to administer).
(2) A person who refuses or wilfully neglects to give information upon oath when required to do so by the Inspector of Mental Hospitals in pursuance of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Report to the Minister.
243.—The Inspector of Mental Hospitals shall furnish a report on each visit and inspection of a mental institution made by him to the Minister.
Production of list of patients, etc.
244.—(1) Where the Inspector of Mental Hospitals visits a mental institution, not being an institution for the reception of one patient only, there shall be presented to the Inspector—
(a) a list of the patients which shall, in the case of a district mental hospital or other institution maintained by a mental hospital authority, distinguish chargeable patients from others and which shall, in all cases, distinguish males from females and indicate the patients believed to be curable,
(b) all registers, books, records and other documents required by or under this Act to be kept in relation to the institution,
(c) all documents relating to any patient received in the institution since the next previous visit of the Inspector of Mental Hospitals,
(d) any other documents relating to a patient received at any time into the institution which the Inspector may call for.
(2) Where the Inspector of Mental Hospitals visits a mental institution for the reception of one patient only, there shall be presented to the Inspector—
(a) all registers, books, records, and other documents required by or under this Act to be kept in relation to the institution,
(b) if the patient has been received since the next previous visit of the Inspector of Mental Hospitals, the documents authorising the reception,
(c) any other documents relating to the patient which the Inspector may call for.
(3) Where a book is presented under this section to the Inspector of Mental Hospitals, he shall certify on it that it has been so presented.
Facilities for inspection.
245.—Where the Inspector of Mental Hospitals is inspecting any mental institution, all facilities reasonably necessary for the inspection shall be afforded to him and he shall be shown every part of the institution and every patient therein.
Assistance by medical practitioner or resident medical superintendent in making visit to mental institution.
246.—(1) Where the Inspector of Mental Hospitals proposes to visit any mental institution, he may call in any registered medical practitioner residing within a reasonable distance of the institution to assist him in making the visit.
(2) Where the Inspector of Mental Hospitals proposes to visit any mental institution which is not a district mental hospital, or other institution maintained by a mental hospital authority, he m ay call in the resident medical superintendent of the nearest district mental hospital to assist him in making such visit.
(3) A registered medical practitioner who is directly or indirectly interested in a mental institution shall not be called in under this section to visit such institution.
(4) The Minister may pay to a resident medical superintendent or other medical practitioner assisting under this section in making a visit to a mental institution such sum for his services and expenses as may be prescribed.
Annual report on mental institutions.
247.—(1) The Inspector of Mental Hospitals shall, in respect of each year, make to the Minister a report upon every mental institution (not being for the reception of one person only) and the care of patients therein, and shall include in such report a general account relating to such year of the administration of the law relating to mental institutions and the care, welfare and treatment of persons of unsound mind.
(2) Every report under this section shall be laid before each House of the Oireachtas and a copy of it shall be sent to the President of the High Court.
Inspection of Dundrum Central Criminal Lunatic Asylum.
248.—(1) The Inspector of Mental Hospitals may, whenever and so often as he thinks fit and at any time during the day or night, visit and inspect the Dundrum Central Criminal Lunatic Asylum (in this section referred to as the Asylum).
(2) The Inspector of Mental Hospitals shall visit and inspect the Asylum at least once in each half-year.
(3) The Inspector of Mental Hospitals shall investigate any complaint in regard to the administration of the Asylum or the treatment of any inmate thereof.
(4) Where any charge against an officer or servant of the Asylum is proved on an investigation by the Inspector of Mental Hospitals, the Inspector may, if he so thinks fit, suspend the officer or servant from the discharge of his duties and report the matter to the Minister.
(5) The Inspector of Mental Hospitals shall from time to time prescribe the dietary scale for the inmates of the Asylum, but the resident physician and governor of the Asylum (or, in his absence, the assistant medical officer) may prescribe such extras as he may deem necessary in particular cases.
(6) Where an inmate of the Asylum recovers, the Inspector of Mental Hospitals shall give the Minister for Justice particulars of the name of the inmate, of the offence in connection with which he was convicted or charged, and of his general character and conduct.
(7) The Inspector shall, in respect of each year, make to the Minister a report on the Asylum and shall include in the report a general account relating to such year of the administration of the Asylum and of the care, welfare, and treatment of the inmates thereof.
(8) Every report under sub-section (7) of this section shall be laid before each House of the Oireachtas.
PART XIX.
Miscellaneous.
General penalty.
249.—(1) Where, in relation to any mental institution, there is a contravention (whether by act or omission) of any section or sub-section of this Act which is mentioned in the Fifth Schedule to this Act, the responsible person shall be guilty of an offence under that section or sub-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.
(2) In this section, the expression “the responsible person” means—
(a) in relation to a mental institution 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) in relation to any other mental institution—the mental hospital authority or other person carrying on the institution.
Reception and detention otherwise than under this Act.
250.—Any person who, otherwise than in accordance with the provisions of this Act, receives and detains, or undertakes for payment the care and control of, a person who is, or is alleged to be, of unsound mind shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment or, on conviction thereof on indictment, to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
Concealment of patient, etc.
251.—Where any person—
(a) conceals a patient in a mental institution, or
(b) induces or assists the escape or attempted escape of a patient in a mental institution, or
(c) induces or assists a patient who—
(i) is absent on trial or parole from a mental institution, or
(ii) has been removed for treatment or for the benefit of his health from a mental institution, or
(iii) has been boarded out by a mental hospital authority,
to escape or leave the place where he is maintained while absent on trial or parole, under treatment, or for the benefit of his health, or while boarded out, or
(d) harbours or conceals a patient who has so escaped,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Direction not to supply intoxicants or narcotics to patient.
252.—(1) The person in charge of a mental institution may direct any person not to supply intoxicants or narcotics to any particular patient in the institution.
(2) Where a person to whom a direction is given under this section supplies intoxicants or narcotics in contravention of the direction, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Ill-treatment or neglect.
253.—Where the person in charge of a mental institution or a person employed therein ill-treats or wilfully neglects a patient in the institution, or a person having charge, whether by reason of any contract or of any tie of relationship, marriage, or otherwise, of a person of unsound mind ill-treats or wilfully neglects such person of unsound mind, he shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or, at the discretion of the Court, to both such fine and such imprisonment, or on conviction thereof on indictment, to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
Increase of penalty for misdemeanour under section 4 of Criminal Law Amendment Act 1935, in certain cases.
254.—Where—
(a) a person has been convicted on indictment of a misdemeanour under section 4 of the Criminal Law Amendment Act, 1935 (No. 6 of 1935), and
(b) the Judge is satisfied that at the time when the misdemeanour was committed—
(i) such person had the care or charge of the woman or girl in relation to whom the misdemeanour was committed, or
(ii) such person was carrying on a mental institution and such woman or girl was a patient therein, or
(iii) such person was employed as an officer or servant in a mental institution or an institution for the detention of persons of unsound mind and such woman or girl was a patient or prisoner therein,
the said section 4 shall have effect as if it provided that such person should be liable on such conviction to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years.
Misstatement in application for reception order, etc.
255.—Where any person—
(a) makes a wilful misstatement in an application for a recommendation for reception, in an application for a reception order, or in a reception order, or
(b) makes a wilful misstatement in a medical or other certificate or in a statement or report under this Act of bodily or mental condition, or
(c) wilfully makes in a book, statement, or return a false entry as to a matter as to which he is required to make an entry by this Act or a regulation thereunder,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Effect on reception order of change of place of detention.
256.—(1) In this section, the expression “the ordinary place of detention” means, in relation to a person to whom a reception order relates, the place of detention mentioned in the reception order.
(2) Where a person to whom a reception order relates is brought in accordance with this Act or any order or regulation made thereunder to a place which is not the ordinary place of detention, such person may be detained in the place to which he is so brought in like manner as if it were the ordinary place of detention and the reception order and this Act and the orders and regulations made thereunder shall have effect with respect to him accordingly.
Prohibition on compelling patient to attend religious service not of his religion.
257.—A patient in a mental institution shall not be compelled to attend any religious service which is not a religious service of the religion to which he is ascertained to belong.
Delivery to Minister of certain contracts, etc.
258.—It shall be the duty of an officer of a mental hospital authority to deliver to the Minister, when required by him, any contracts, agreements, accounts, books, maps, plans, surveys, valuations, writings, or documents in the possession, custody, or control of such officer as such.
Time limit on certain proceedings.
259.—Proceedings by a person who has been detained in a mental institution and has ceased to be so detained and which are in respect of an act purporting to have been done in pursuance of this Act shall not be instituted after the expiration of six months after the cesser of the detention.
Leave of the High Court for certain proceedings.
260.—(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 granted unless the High Court is satisfied that there are substantial grounds for contending that the person against whom the proceedings are to be brought acted in bad faith or without reasonable care.
(2) Notice of an application for leave of the High Court under sub-section (1) of this section shall be given to the person against whom it is proposed to institute the proceedings and such person shall be entitled to be heard against the application.
(3) Where proceedings are, by leave granted in pursuance of sub-section (1) of this section, instituted in respect of an act purporting to have been done in pursuance of this Act, the Court shall not determine the proceedings in favour of the plaintiff unless it is satisfied that the defendant acted in bad faith or without reasonable care.
(4) Where, on an application under sub-section (1) of this section, leave is given to bring any proceedings and the proceedings are commenced within four weeks after the date on which leave was so given, the proceedings shall, for the purposes of section 259 of this Act and of the Public Authorities Protection Act, 1893, be deemed to have been commenced on the date on which notice of the application was given to the person against whom the proceedings are to be brought.
Lodging of person not of unsound mind in mental institution.
261.—A person not of unsound mind may be lodged as a boarder in a mental institution, but where any such person is lodged as a boarder in the part of a mental institution used for the accommodation of persons of unsourd mind, the number of persons of unsound mind in the institution shall be determined for the purposes of this Act as if such person were a person of unsound mind.
Application of this Act to existing patients.
262.—Every person who immediately before the commencement of this section was detained in any institution or place for the maintenance and treatment of persons of unsound mind shall, on and after the commencement of this section, be subject to the provisions of this Act and the documents authorising such detention shall, on and after the commencement of this section, be regarded as a reception order applied for by the relative or other person at whose instance he was originally detained.
Mechanical means of bodily restraint.
263.—(1) No person shall apply mechanical means of bodily restraint to a person of unsound mind unless the restraint is necessary for the purposes of medical or surgical treatment or to prevent the person of unsound mind injuring himself or others.
(2) Where any person applies mechanical means of bodily restraint to a person of unsound mind he shall proceed in accordance with regulations to be made by the Minister.
(3) If any person acts in contravention of this section, 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.
Application of mechanical means of bodily restraint in mental institutions.
264.—Where mechanical means of bodily restraint are applied in a mental institution to a patient, full particulars of the application shall be entered forthwith-in a book to be kept for that purpose.
Restriction on employment of male persons.
265.—(1) It shall not be lawful to employ a male person in the personal custody or restraint of a female patient in a mental institution.
(2) Subsection (1) of this section shall not be construed as prohibiting the employment of a male person in the personal custody or restraint of a female patient in a mental institution on any occasion of such urgency as, in the judgment of the person in charge of the institution, renders the employment necessary, but in each such case the employment shall be reported to the Inspector of Mental Hospitals on his next visit to the institution and an entry of the employment shall be made at the time thereof in a book to be kept for that purpose in the institution.
Forwarding of certain letters of patients.
266.— Any letter addressed by a patient in a mental institution to the Minister, the President of the High Court, the Registrar of Wards of Court, a mental hospital authority, or the Inspector of Mental Hospitals shall be forwarded unopened.
Notices as to right to have letters forwarded.
267.—Notices setting forth the right of a patient to have letters forwarded under section 266 of this Act shall, if the Minister so directs, be kept posted in prominent positions in a mental institution and such notices shall, if the Inspector of Mental Hospitals indicates the positions where they are to be kept posted, be kept posted in those positions.
Report to coroner on death of patient.
268.—Not later than twelve hours after the death of a patient in a mental institution, a report on the death shall be given to the coroner within whose district the death occurred.
Order directing admission of person to visit patient.
269.—(1) The Minister may by order direct the admission of any person to visit a patient in a mental institution and such person shall be admitted in accordance with such order.
(2) An order under this section may be for either one or more than one admission and may be either with or without restrictions as to the presence of an attendant or otherwise.
Saver for certain rights, etc.
270.—A person shall not be deprived of any right or privilege, or be subjected to any disability, merely because he or a member of his family is maintained under the provisions of this Act as a chargeable patient.
Application by discharged patient for copy of reception order.
271.—Where a person discharged from a mental institution after detention therein considers that the detention was unlawful, he may, not later than six months after his discharge, by letter addressed to the person in charge of the mental institution apply for a copy of the reception order authorising the detention and, on receipt of such application, such copy shall be forwarded to him.
Report of certain matters to Minister.
272.—Immediately upon the occurrence in a mental institution of any of the following matters, a report thereon shall be given to the Minister:—
(a) an injury to a patient in the institution (including an injury existing on reception),
(b) an assault or alleged assault upon a patient in the institution by a member of the staff,
(c) an outbreak of infectious or epidemic disease in the institution, whether affecting patients only, staff only, or both,
(d) an outbreak of fire in the institution,
(e) any other matter of serious importance to the welfare of the patients.
Retirement, relinquishment of his commission, or discharge of member of Defence Forces who is of unsound mind.
273.—(1) Upon the retirement, relinquishment of his commission, or discharge of a member of the Defence Forces who is certified, at the time of such retirement, relinquishment of commission, or discharge, by a registered medical practitioner to be a person of unsound mind and to be a proper person to be detained under care and treatment, the Minister for Defence, or any officer of the Defence Forces not below the rank of commandant deputed by that Minister for the purpose, may by order cause him to be sent to the district mental hospital for the mental hospital district to which it appears to that Minister or such officer (as the case may be), after due investigation, that he belongs.
(2) Where, on an investigation pursuant to sub-section (1) of this section, it appears that a member of the Defence Forces does not belong to a district within the State, such member shall be regarded for the purposes of this section as belonging to the mental hospital district in which he retires, relinquishes his commission, or is discharged.
(3) Every order under this section shall specify the district mental hospital to which the person to whom the order relates is to be sent.
(4) In determining for the purposes of an order under this section the mental hospital district to which the person to whom such order relates belongs, the Minister for Defence or the officer making the order (as the case may be) shall make such inquiries as may be necessary for that purpose and shall have regard to the statements made in the attestation paper of the member and to such other sources of information as may be available.
(5) Notwithstanding any other provision of this Act, where a person is sent to a district mental hospital under an order under this section, he shall be received in the hospital and shall thereupon be subject to the provisions of this Act in like manner as if he were a patient received in the hospital under a chargeable patient reception order and, accordingly, every reference in this Act to a reception order shall, where appropriate, be deemed to include a reference to an order under this section.
(6) A person received into a district mental hospital under an order under this section shall be deemed not to be a criminal lunatic within the meaning of section 6 of the Lunacy (Ireland) Act, 1901.
(7) Where a person is received into a district mental hospital under an order under this section, the Minister for Defence may, if he so thinks proper, provide for the payment of the conveyance of the wife and children of such person to the mental hospital district in respect of the hospital, and in such case may notify the proper public assistance authority of the conveyance should he consider the circumstances of the family such as would render them eligible for public assistance.
(8) The expenses incurred by the Minister for Defence in the administration of this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(9) In this section, a reference to a member of the Defence Forces does not include a reference to a member of that part of the Defence Forces known as the Reserve save as respects a period during which such member is called out on permanent service, for training or to aid the civil power in the preservation of public order.
Fee for authorised medical officer carrying out medical examination.
274.—(1) Where the authorised medical officer makes in pursuance of this Act a medical examination of any person, the public assistance authority for the public assistance district in which such person ordinarily resides shall pay to the authorised medical officer a fee of two guineas for the examination.
(2) A fee paid under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if it represented the cost of public assistance within the meaning of that Act given by such authority to the person examined.
Nomination of person to take place of applicant for a reception order.
275.—(1) The Minister may by order nominate to take the place of the person, including a deceased person, who was the applicant for a reception order (in this section referred to as the applicant) any other person willing to assume the duties and responsibilities of the applicant, and such other person shall, as on and from the date of the order, be subject to every obligation and may exercise every power of the applicant.
(2) An order under this section shall not release the applicant, or the person who immediately before the order was made was the nominee under this section taking the place of the applicant, from any liability previously incurred by him.
(3) Where the Minister proposes to make an order under this section and has not previously obtained the consent to the order of the applicant or the person who for the time being is the nominee under this section taking the place of the applicant (as the case may be), the Minister shall, if the applicant or such nominee is alive, give notice to him of the proposal to make the order and of the name of the person proposed to be nominated by the order and shall not make the order until after the expiration of fourteen days from the giving of the notice nor until he has considered the statement (if any) made under sub-section (4) of this section consequent upon the notice.
(4) At any time during a period of fourteen days from the giving of a notice under sub-section (3) of this section, the person to whom the notice is given may furnish the Minister with a written statement of his objections to the making of an order under this section.
(5) Every reference in this Act to a person on whose application a reception order is made shall include a reference to the person (if any) for the time being nominated under this section to take his place.
Assistance by counsel in making visit or investigation under this Act.
276.—Where the President of the High Court is of opinion that the assistance of counsel is necessary for the conduct of any visit or investigation under this Act, he may by order appoint a barrister-at-law of not less than six years' standing to assist in such visit or investigation and may by such order direct the fees and travelling expenses to be paid by the Minister to such barrister in respect of his assistance.
Inquiries.
277.—(1) The Minister may cause to be held, by the Inspector of Mental Hospitals, or one or more of the other inspectors of the Minister or the Inspector of Mental Hospitals in conjunction with one or more of the other inspectors of the Minister, an inquiry into—
(a) any complaint relating to—
(i) the administration of any mental institution, or
(ii) negligence of any officer or servant employed in a mental institution in the discharge of his duties or failure by him to discharge his duties, or
(iii) misconduct of any officer or servant employed in a mental institution, and
(b) any matter relating to a mental institution in respect of which an inquiry is appropriate in accordance with the provisions of this Act or any other enactment.
(2) Where the Minister causes an inquiry to be held under this section in relation to a district mental hospital or any other institution maintained by a mental hospital authority, the costs incurred in relation to the inquiry shall be certified by the Minister and the certificate shall direct the payment of the costs to the Minister—
(a) where not more than one mental hospital authority is concerned in the inquiry—by that authority,
(b) where two or more mental hospital authorities are concerned in the inquiry—by (according as may be specified in the certificate) all or one or more of those authorities.
(3) A certificate under this section which directs the payment of the costs of an inquiry by two or more mental hospital authorities shall specify the proportion of the costs which shall be paid by each of those authorities.
(4) Where a mental hospital authority fails to pay a sum directed to be paid by a certificate under this section, such sum may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or may be deducted in whole or in part from any moneys payable by any Minister of State for any purpose whatsoever to such authority.
(5) The power to deduct under sub-section (4) of this section from moneys payable to a mental hospital authority shall be subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.
(6) Where the Minister causes an inquiry to be held under this section in relation to an institution not maintained by a mental hospital authority, he may, if he so thinks fit, by order direct that a sum (to be specified in the order) in respect of either the whole or part (as he considers reasonable) of the costs incurred in relation to the inquiry shall be paid to the Minister by the person (to be specified in the order) appearing to the Minister to carry on the institution, and such sum shall be paid accordingly to the Minister by that person and, in default of being so paid, shall be recoverable as a simple contract debt, in any court of competent jurisdiction.
(7) For the purposes of this section, the costs incurred in relation to an inquiry shall include a reasonable charge for the services (including travelling and subsistence expenses) of the Inspector of Mental Hospitals or any other inspector or officer of the Minister engaged in the inquiry and also the necessary expenses of witnesses.
Taking of evidence at inquiries on oath.
278.—(1) An inspector holding an inquiry under section 277 of this Act may take evidence on oath and for that purpose may administer oaths.
(2) An inspector holding an inquiry under section 277 of this Act may, by giving notice in that behalf to any person, require him to attend at a specified time and place to give evidence in relation to any matter in question at the inquiry or to produce any books, contracts, agreements, accounts, maps, plans, moneys, valuations, or other documents in his possession, custody, or control which relate to any such matter.
(3) It shall not be necessary for a person to attend in compliance with a notice under sub-section (2) of this section at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary travelling expenses of the attendance has been paid or tendered to him.
(4) Where an inquiry under section 277 of this Act is in relation to an institution maintained by a mental hospital authority, the authority shall pay or tender to any person whose attendance is required at the inquiry such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance.
(5) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution maintained by a mental hospital authority and the person to whom the notice is sent complies with the notice, such person shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the mental hospital authority, and such expenses save as aforesaid shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(6) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution not maintained by a mental hospital authority, the inspector shall pay or tender to the person to whom the notice is sent such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance of such person pursuant to the notice.
(7) Any sum paid under sub-section (6) of this section shall be regarded as part of the costs of the relevant inquiry for the purposes of sub-section (6) of section 277 of this Act
(8) Subject to the provisions of this section, every person to whom a notice has been given under sub-section (2) of this section who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Penalty for obstruction of Inspector of Mental Hospitals, etc.
279.—If any person obstructs or interferes with the Inspector of Mental Hospitals while the Inspector is exercising any power conferred by or under this Act or fails to give any information within his knowledge reasonably required by the Inspector in the course of carrying out his duties, such person 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, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
Laying of orders and regulations before Oireachtas.
280.—An order or regulation made by the Minister under this Act and relating to or having effect in every mental hospital district shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which it has sat after the order or regulation is so laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Adaptation of existing enactments.
281.—(1) Every statutory or other enactment in force at the commencement of this section and relating to any matter or thing dealt with or affected by this Act shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.
(2) The Minister may by order make, in respect of any statutory or other enactment in force at the commencement of this section and relating to any matter or thing dealt with or affected by this Act, all such adaptations of and modifications in such enactment as appear to him to be necessary or expedient for carrying into effect the provisions of this Act.
Giving of notices under this Act.
282.—(1) Any written notice or other document to be given in pursuance of this Act may be given in any of the following ways:—
(a) in case it is to be given to the Minister, by sending it by post in an envelope addressed to the Minister for Local Government and Public Health, Dublin;
(b) in case it is to be given to any other person—
(i) by handing it to such person, or
(ii) by leaving it at the usual or last-known place of abode of such person, or
(iii) by sending it by post in a prepaid registered envelope addressed to such person, in the case of an individual, at his usual or last-known place of abode, or in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.
(2) Where a written notice or other document is to be given in pursuance of this Act to the owner or the occupier of land and the name of such owner or occupier is not known, such document may be addressed to “the owner” or “the occupier” (as the case may be) of the land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on the land.
Saving of powers of Judges of the High Court and of Judges of the Circuit Court.
283.—(1) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section by a Judge of the High Court or a Judge of the Circuit Court in connection with the care and commitment of the persons and estates of persons found to be idiots or of unsound mind.
(2) No power, restriction, or prohibition contained in this Act shall apply in relation to a person of unsound mind under the care of a Judge of the High Court or of a Judge of the Circuit Court.
(3) The provisions of this Act in relation to the registration of premises shall not apply in relation to any premises by reason only of the fact that a person has been received as a patient therein by direction of a Judge of the High Court or a Judge of the Circuit Court.
Saver in respect of certain sections.
284.—(1) Each of the following sections shall be a specified section for the purposes of this section:—
(a) sections 17 and 18 of the Lunacy (Ireland) Act, 1821,
(b) sections 2 and 3 of the Criminal Lunatics (Ireland) Act, 1838,
(c) section 12 of the Central Criminal Lunatic Asylum (Ireland) Act, 1845,
(d) sections 12 and 13 of the Lunatic Asylums (Ireland) Act, 1875,
(e) section 2 of the Trial of Lunatics Act, 1883,
(f) section 17 of the Criminal Justice Administration Act, 1914.
(2) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section under any specified section.
(3) No power, restriction or prohibition contained in this Act shall apply in relation to a person detained by virtue of any specified section.
FIRST SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year | Short title | Extent of Repeal |
1 & 2 Geo. 4, c. 33 | Lunacy (Ireland) Act, 1821. | Section 2. |
7 Geo. 4, c. 14 | Lunacy (Ireland) Act, 1826. | The whole Act so far as unrepealed. |
7 Geo. 4, c. 74 | Prisons (Ireland) Act, 1826. | Sections 55 and 56 in so far as they relate to mental institutions. |
5 & 6 Vict., c. 123 | Private Lunatic Asylums (Ireland) Act, 1842. | The whole Act so far as unrepealed. |
8 & 9 Vict., c. 107 | Central Criminal Lunatic Asylum (Ireland) Act, 1845. | Sections 11, 23 and 24; section 25 so far as unrepealed. |
9 & 10 Vict., c. 115 | Lunatic Asylums (Ireland) Act, 1846. | The whole Act so far as unrepealed. |
18 & 19 Vict., c. 109 | Lunatic Asylums Repayment of Advances (Ireland) Act, 1855. | The whole Act so far as unrepealed. |
30 & 31 Vict., c. 118 | Lunacy (Ireland) Act, 1867. | The whole Act so far as unrepealed. |
37 & 38 Vict., c. 74 | Private Lunatic Asylums (Ireland) Act, 1874. | The whole Act. |
38 & 39 Vict., c. 67 | Lunatic Asylums (Ireland) Act, 1875. | Sections 3 to 9, 11, 14 and 16. |
61 & 62 Vict., c. 37 | Local Government (Ireland) Act, 1898. | Section 9 so far as unrepealed; section 76, sub-sections (1) and (2) of section 84; proviso (b) to sub section (2) of section 110. |
Local Government (Application of Enactments) Order, 1898. | Paragraphs (5) and (6) of Article 15 of the Schedule; the words “and of any debt or capital liability incurred on account of lunatic asylums” and the words “except where it is for the purpose of a lunatic asylum, or” in paragraph (2) of Article 22 of the Schedule; paragraph (11) of Article 22 of the Schedule. | |
1 Edw. 7, c. 17 | Lunacy (Ireland) Act, 1901. | Sections 2 and 5. |
9 Edw. 7, c. 48 | Asylum Officers Superannuation Act, 1909. | The whole Act. |
No. 4 of 1925 | ||
No. 5 of 1925 | ||
No. 12 of 1940 | Section 34; paragraph 8 of the Second Schedule. | |
No. 23 of 1941 | ||
No. 3 of 1942. |
SECOND SCHEDULE.
MENTAL HOSPITAL DISTRICTS.
Ref. No | District |
(1) | (2) |
1 | The administrative county of Carlow and the administrative county of Kildare. |
2 | The administrative county of Cavan and the administrative county of Monaghan. |
3 | The administrative county of Clare. |
4 | The county borough of Cork and the administrative county of Cork. |
5 | The administrative county of Donegal. |
6 | The county borough of Dublin, the administrative county of Dublin, and the administrative county of Wicklow. |
7 | The administrative county of Galway and the administrative county of Roscommon. |
8 | The administrative county of Kerry. |
9 | The administrative county of Kilkenny. |
10 | The administrative county of Laoighis and the administrative county of Offaly. |
11 | The administrative county of Leitrim and the administrative county of Sligo. |
12 | The county borough of Limerick and the administrative county of Limerick. |
13 | The administrative county of Longford, the administrative county of Meath, and the administrative county of Westmeath. |
14 | The administrative county of Louth. |
15 | The administrative county of Mayo. |
16 | The administrative county of Tipperary (North Riding) and the administrative county of Tipperary (South Riding). |
17 | The county borough of Waterford and the administrative county of Waterford. |
18 | The administrative county of Wexford. |
THIRD SCHEDULE.
Rules Relating to Joint Boards.
Appointment.
1. A joint board shall consist of the persons appointed in accordance with these Rules by the council of each county and the corporation of the county borough (if any) included in the mental hospital district of the joint board.
2. The total number of the members of a joint board shall be such as the Minister from time to time by order determines in respect of such board.
3. The number of members of a joint board to be appointed by the council of a county or corporation of a county borough shall as nearly as possible be proportional to the contributions payable by the council or corporation to the expenses of the joint board during the local financial year ending on the 31st day of March next previous to the appointment, and such number shall, in case of dispute, be determined by the Minister, whose decision shall be final.
4. Where an appointment by the council of a county of members of a joint board is being made, two-thirds at least of the members appointed shall be persons who are members of the council.
5. Where an appointment by the corporation of a county borough of members of a joint board is being made, two-thirds at least of the members appointed shall be persons who are members of the city council of the county borough.
6. The appointment of members of a joint board shall be made in each year, in the case of the council of a county, at the annual meeting of the council, or, in the case of the corporation of a county borough, at the quarterly meeting of the city council for the county borough held next after a triennial election or between the 23rd day of June and the 1st day of July in a year in which there is not a triennial election.
Tenure of Office.
7. Every member of a joint board shall hold office (unless he sooner dies, resigns or becomes disqualified) until his successor has been appointed.
Disqualification.
8.—(1) A member of the council of a county who has been appointed by the council to be a member of a joint board and who ceases to be, or is disqualified for being, a member of the council shall also cease to be, or be disqualified for being, a member of the joint board.
(2) A member of the city council for a county borough who has been appointed by the corporation of the county borough to be a member of a joint board and who ceases to be, or is disqualified for being, a member of the city council shall also cease to be, or be disqualified for being, a member of the joint board.
Resignation and Removal.
9.—(1) A member of a joint board appointed by the council of a county may resign his membership by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to such secretary.
(2) A member of a joint board appointed by the corporation of a county borough may resign his membership by giving notice to the town clerk of the borough, but the resignation shall not become effective until the meeting of the city council for the borough held next after the receipt of the notice given to such town clerk.
10.—(1) A member of the council of a county may, with the consent of not less than one-fourth of the members of the council, notify the secretary of the council in writing of his intention to propose that the membership of all the members of a joint board who were appointed by the council shall be terminated and the secretary shall thereupon summon a meeting of the council for a date not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof and, in the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at such meeting approving of such proposal, the membership of all such members of the joint board shall forthwith stand terminated and new members of the joint board shall be appointed forthwith in lieu of those whose membership is terminated.
(2) A member of the city council for a county borough may, with the consent of not less than one-fourth of the members of the council, notify the town clerk of the borough in writing of his intention to propose that the membership of all the members of a joint board who were appointed by the council shall be terminated and the town clerk shall thereupon summon a meeting of the council for a date not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof and, in the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at such meeting approving of such proposal, the membership of all such members of the joint board shall forthwith stand terminated and new members of the joint board shall be appointed forthwith in lieu of those whose membership is terminated.
11.—(1) The membership of a member of a joint board who, for a consecutive period of six months has not attended a meeting of the board, shall thereupon terminate and, at the meeting of the relevant council of a county or city council (as the case may be) held next after the expiration of such period, a new member shall be appointed to fill the vacancy so created in the membership of the board.
(2) Where a meeting of a joint board is abandoned owing to a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and such members shall be deemed to have attended a meeting of the board for the purpose of this rule.
Casual Vacancies.
12. A casual vacancy occurring in the membership of a joint board shall be filled by the council or corporation by whom the member causing the vacancy was appointed within one month after the occurrence of the vacancy or within such further time as the Minister may allow.
Quorum.
13. The quorum of a joint board shall be one-fourth of the total number of members of the board.
Meetings.
14. A joint board shall hold meetings for the transaction of their business at least once in each quarter and at such other times as may be necessary for properly exercising their powers and performing their duties.
15. The first meeting of a joint board shall be held after the appointment of members of the board has been completed on a day to be appointed by the Minister, and shall be an annual meeting.
16. A joint board shall at their first meeting appoint a day of the year not earlier than the 17th day of July nor later than the 1st day of August for the holding of subsequent annual meetings and may at any subsequent annual meeting alter the day so appointed.
17. A joint board shall hold an annual meeting in each year on the day which is for the time being appointed for the holding of annual meetings under these Rules, unless that day falls on a Sunday or bank holiday, when the meeting shall be held on the next following day which is neither a Sunday nor a bank holiday.
18. If the first or any other annual meeting of a joint board is for any reason (including a quorum not being present) not held on the day appointed for the holding of such meeting under these Rules, the resident medical superintendent of the district mental hospital maintained by the board shall as soon as may be summon a meeting of the board for a convenient hour on the day which appears to him to be the earliest convenient day for the purpose, and the meeting held in pursuance of such summons shall be for all purposes an annual meeting held on the date appointed under these Rules.
Chairman and Vice-Chairman.
19.—(1) At every annual meeting of a joint board, the board shall elect one of their members to be chairman of the board and may elect another of their members to be vice-chairman of the board.
(2) Whenever the office of chairman or vice-chairman of a joint board becomes vacant otherwise than by the termination of the ordinary term of the office, the board shall at their next meeting after the vacancy occurs or, in the case of a resignation of office, at the meeting at which the resignation becomes effective, elect one of their members to be chairman or vice-chairman of the board.
(3) A person elected to be chairman or vice-chairman of a joint board shall, unless he sooner resigns the office of chairman or vice-chairman or sooner ceases to be, or becomes disqualified for being, a member of the board, hold office as chairman or vice-chairman until his successor has been appointed.
(4) The chairman or vice-chairman of a joint board may at any time resign his office as chairman or vice-chairman by giving notice in writing signed by him to the board, but the resignation shall not become effective until the commencement of the meeting of the board held next after the receipt by them of the resignation.
(5) Whenever the chairman or vice-chairman of a joint board ceases to be, or becomes disqualified for being, a member of the board, he shall forthwith cease to be chairman or vice-chairman of the board.
(6) Whenever, at the election of chairman of the joint board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the board.
Proceedings at Meetings.
20. The proceedings of a joint board shall not be invalidated by any vacancy or vacancies among their members or by any defect in the appointment of the board or in the appointment or qualification of any member thereof.
21. The chairman of a joint board may call a meeting of the board.
22. If the chairman of a joint board refuses to call a meeting of the board after a requisition for that purpose, signed by three members of the board has been presented to him, any three members of the board may forthwith, on that refusal, call a meeting of the board, and, if the chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the board, any three members of the board may, on the expiration of those seven days, call a meeting of the board.
23. Three clear days at least before a meeting of a joint board, notice of the time and place of the intended meeting, signed by the chairman, or, if the meeting is called by members of the board, by those members, shall be fixed on the hall or other place at which the board is accustomed to meet and, if the meeting is called by members of the board, the notice shall specify the business proposed to be transacted thereat.
24. Three clear days at least before a meeting of a joint board, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the resident medical superintendent of the district mental hospital maintained by the board shall be left or delivered by post at the usual place of abode of every member of the board, but failure so to leave or deliver such summons for or to a member or some of the members of the board shall not affect the validity of a meeting.
25. No business shall be transacted at a meeting of a joint board other than that specified in the summons relating thereto, except (in case of an annual meeting) business required to be transacted thereat.
26. At a meeting of a joint board—
(a) the chairman of the board shall, if he is present, be chairman of the meeting,
(b) if and so long as the chairman of the board is not present or the office of chairman is vacant, the vice-chairman (if any) shall, if he is present, be chairman of the meeting,
(c) if and so long as the chairman of the board is not present or the office of chairman is vacant and there is no office of vice-chairman, the vice-chairman is not present or the office of vice-chairman is vacant, the members of the board who are present shall choose one of their number to be chairman of the meeting.
27. Minutes of the proceedings of a meeting of a joint board shall be drawn up and fairly entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.
28. The names of the members present at a meeting of a joint board shall be recorded in the minutes of the proceedings of the meeting.
29. The names of the members voting on any question arising at a meeting of a joint board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members vote for and which against the question.
30. All acts of a joint board and all questions coming or arising before the board may be done and decided by the majority of such members of the board as are present and vote at a meeting of the board duly held according to law.
31. In case of equality of votes on any question arising at a meeting of a joint board, other than the election of a chairman, the chairman of the meeting shall have a second or casting vote
FOURTH SCHEDULE.
Acts Within the Meaning of Which and for the Purposes of Which a Joint Board is a Local Authority.
1. Local Government Acts, 1925 to 1941.
2. Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925).
3. Local Authorities (Mutual Assurance) Act, 1926 (No. 34 of 1926).
4. Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).
5. Juries Act, 1927 (No. 23 of 1927).
6. Local Authorities (Mutual Assurance) Act, 1928 (No. 21 of 1928).
7. Local Authorities (Mutual Assurance) Act, 1935 (No. 42 of 1935).
8. Local Authorities (Miscellaneous Provisions) Act, 1936 (No. 55 of 1936).
9. Local Authorities (Combined Purchasing) Act, 1939 (No. 14 of 1939).
FIFTH SCHEDULE.
Sections and sub-sections for which a penalty is provided by section 249.
Sections 113, 126, 127, 128, 131, 135, 148, 149, 150, 152, 155, 160, 196, 227, 228, 245, 257, 264, 266, 267, 268, 271, 272.
Subsections (1), (2), (3), (4) and (5) of section 130; (1) and (2) of section 154; (1) and (2) of section 159; (1), (2) and (3) of section 197; (1) of section 199; (1) and (2) of section 202; (4) of section 208; (2) of section 212; (1) of section 217; (1) of section 218; (2) of section 222; (1) and (2) of section 244; (1) and (2) of section 265; (1) of section 269.