Mental Health Act 2001

Inspector of Mental Health Services.

50

50.—(1) There is hereby established the office of Inspector of Mental Health Services and the holder of the office shall be known as the Inspector of Mental Health Services and is referred to in this Act as “the Inspector”.

(2) The Commission shall from time to time appoint a consultant psychiatrist to be the Inspector.

(3) The Inspector shall be paid such remuneration and allowances for expenses as the Commission may, with the consent of the Minister and the Minister for Finance, from time to time determine.

(4) The Inspector shall hold office for such period and upon and subject to such terms and conditions as the Commission may determine.

(5) References in any Act of the Oireachtas passed before the commencement of this section or in any instrument made before the commencement of this section, under such an Act of the Oireachtas to the Inspector of Mental Hospitals shall, on and after such commencement, be construed as references to the Inspector.

(6) Anything commenced by the Inspector of Mental Hospitals before the commencement of this section may be carried on and completed on or after that day by the Inspector as if he or she was the Inspector of Mental Hospitals having the powers of that Inspector.

Annotations

Modifications (not altering text):

C24

Function under subs. (3) 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.

...

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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 25 of 2001

Mental Health Act 2001

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

...

...

...