Mental Health Act 2001

Functions of Commission.

33

33.—(1) The principal functions of the Commission shall be to promote, encourage and foster the establishment and maintenance of high standards and good practices in the delivery of mental health services and to take all reasonable steps to protect the interests of persons detained in approved centres under this Act.

(2) The Commission shall undertake or arrange to have undertaken such activities as it deems appropriate to foster and promote the standards and practices referred to in subsection (1).

(3) Without prejudice to the generality of the foregoing, the Commission shall—

(a) appoint persons to be members of tribunals and provide staff and facilities for the tribunals,

(b) establish a panel of consultant psychiatrists to carry out independent medical examinations under section 17,

(c) make or arrange for the making, with the consent of the Minister and the Minister for Finance, of a scheme or schemes for the granting by the Commission of legal aid to patients,

(d) furnish, whenever it so thinks fit or is so requested by the Minister, advice to the Minister in relation to any matter connected with the functions or activities of the Commission,

(e) prepare and review periodically, after consultation with such bodies as it considers appropriate, a code or codes of practice for the guidance of persons working in the mental health services.

(4) The Commission shall have all such powers as are necessary or expedient for the purposes of its functions.

Annotations

Amendments:

F42

Deleted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 144(b), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (3)(c) deleted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 144(b), not commenced as of date of revision.

(c) F42[]

C18

Function under subs. (3)(c) transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 25 of 2001

Mental Health Act 2001

Sections 33(3)(c), 44, 48(8), 50(3) and 54(4) and (5)

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