Mental Health Act 2001

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 26 April 2023

This Revised Act is an administrative consolidation of the Mental Health Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Assisted decision-making (Capacity) (Amendment) Act 2022 (Commencement) (No. 3) Order 2023 (S.I. No. 195 of 2023), made 26 April 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 26 April 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, collective citation, construction and commencement.
2.	Interpretation.
2A.	Exigencies of public health emergency. (Ceased)
3.	“Mental disorder”.
4.	Best interests, etc., of person.
4A.	Guiding principles in respect of children.
5.	Regulations.
6.	Repeals.
7.	Expenses.

PART 2

Involuntary admission of persons to approved centres

8.	Criteria for involuntary admission to approved centres.
9.	Persons who may apply for involuntary admission.
10.	Making of recommendation for involuntary admission.
11.	Disclosure of previous application for involuntary admission.
12.	Powers of Garda Síochána to take person believed to be suffering from mental disorder into custody.
13.	Removal of persons to approved centres.
14.	Admission order.
15.	Duration and renewal of admission orders.
16.	Provision of information for persons admitted to approved centres.
17.	Referral of admission order and renewal order to a tribunal.
18.	Review by a tribunal of admission orders and renewal orders.
19.	Appeal to Circuit Court.
20.	Application for transfer of patient.
21.	Transfer of patient.
22.	Transfer of patient to hospital.
23.	Power to prevent voluntary patient from leaving approved centre.
24.	Power to detain voluntary patients.
25.	Involuntary admission of children.
26.	Absence with leave.
27.	Absence without leave.
28.	Discharge of patients.
29.	Voluntary admission to approved centres.
30.	Penalties under Part 2.

PART 3

Independent Review of Detention

31.	Establishment day.
32.	Establishment of Mental Health Commission.
33.	Functions of Commission.
34.	Conferral of additional functions on Commission.
35.	Membership of Commission.
36.	Terms of office of members of Commission.
37.	Chairperson of Commission.
38.	Chief Executive of Commission.
39.	Staff of Commission.
40.	Superannuation of staff of Commission.
41.	Borrowing by Commission.
42.	Reports and information to Minister.
43.	Membership of either House of Oireachtas or European Parliament.
44.	Grants to Commission.
45.	Gifts.
46.	Seal of Commission.
47.	Accounts and audits of Commission.
48.	Mental Health Tribunals.
49.	Powers of tribunals.
50.	Inspector of Mental Health Services.
51.	Functions of Inspector.
52.	Duties of Inspector when making inspection.
53.	Penalty for obstruction of Inspector.
54.	Assistant Inspectors of Mental Health Services.
55.	Inquiries.

PART 4

Consent to Treatment

56.	Definition (Part 4).
57.	Treatment not requiring consent.
58.	Psycho-surgery.
59.	Electro-convulsive therapy.
60.	Administration of medicine.
61.	Treatment of children in respect of whom an order under section 25 is in force.

PART 5

Approved Centres

62.	Definitions (Part 5).
63.	Prohibition of unregistered centres.
64.	Registration of approved centres.
65.	Appeals.
66.	Regulations in relation to approved centres.
67.	Restriction on admission of patients.
68.	Penalties under Part 5.

PART 6

Miscellaneous

69.	Bodily restraint and seclusion.
70.	Participation in clinical trials.
71.	Clinical directors.
71A.	Removal of persons and bringing back of patients to approved centres by authorised persons or by relevant persons.
72.	Transitional provisions.
73.	Leave of High Court for certain proceedings.
74.	Provisions in relation to offences.
75.	Review of operation of Act.

SCHEDULE

Enactments Repealed

Acts Referred To
	Adoption Acts, 1952 to 1998
	Child Care Act, 1991	1991, No. 17
	Comptroller and Auditor General (Amendment) Act, 1993	1993, No. 8
	Control of Clinical Trials Act, 1987	1987, No. 28
	Domestic Violence Act, 1996	1996, No. 1
	European Parliament Elections Act, 1997	1997, No. 2
	Freedom of Information Act, 1997	1997, No. 13
	Health Act, 1970	1970, No. 1
	Health (Eastern Regional Health Authority) Act, 1999	1999, No. 13
	Health (Mental Services) Act, 1981	1981, No. 17
	Mental Treatment Act, 1945	1945, No. 19
	Mental Treatment Act, 1953	1953, No. 35
	Mental Treatment Act, 1961	1961, No. 7
	Mental Treatment (Detention in Approved Institutions) Act, 1961	1961, No. 4
	Nurses Act, 1985	1985, No. 18
	Petty Sessions (Ireland) Act, 1851	1851, c. 93

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 26 April 2023

AN ACT TO PROVIDE FOR THE INVOLUNTARY ADMISSION TO APPROVED CENTRES OF PERSONS SUFFERING FROM MENTAL DISORDERS, TO PROVIDE FOR THE INDEPENDENT REVIEW OF THE INVOLUNTARY ADMISSION OF SUCH PERSONS AND, FOR THOSE PURPOSES, TO PROVIDE FOR THE ESTABLISHMENT OF A MENTAL HEALTH COMMISSION AND THE APPOINTMENT OF MENTAL HEALTH COMMISSION TRIBUNALS AND AN INSPECTOR OF MENTAL HEALTH SERVICES, TO REPEAL IN PART THE MENTAL TREATMENT ACT, 1945, AND TO PROVIDE FOR RELATED MATTERS. [8th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act extended (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 106, S.I. No. 192 of 2023, art. 2(i).

Detention-related safeguards

106. Where an issue arises in the course of an application to the court or the High Court under this Act, or otherwise in connection with the operation of this Act, as to whether a person who lacks capacity is suffering from a mental disorder, the procedures provided for under the Act of 2001 shall be followed as respects any proposal to detain that person.

Functions under collectively cited Mental Health Acts 1945 to 2001 transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3, item 3, S.I. No. 885 of 2004, subject to transitional provisions in s. 74 and sch. 5, item 2(k).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

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3.—Mental Health Acts 1945 to 2001

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Revised Acts

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Mental Health Act 2001