Mental Health Act 2001

Regulations in relation to approved centres.

66

66.—(1) The Minister shall, after consultation with the Commission, for the purpose of ensuring proper standards in relation to centres, including adequate and suitable accommodation, food and care for residents while being maintained in centres, and the proper conduct of centres, make such regulations as he or she thinks appropriate in relation to centres.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of residents,

(b) prescribe requirements as to the staffing including requirements as to the suitability of members of staff of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation provided in centres,

(e) prescribe requirements as to the establishment and maintenance of a register of residents,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by the Inspector,

(g) prescribe requirements as to the drawing up and carrying out by centres, so far as practicable in consultation with each resident, of an individual care plan for that resident, including the setting of appropriate goals,

(h) prescribe requirements as to the information to be provided to the Inspector,

(i) provide for the enforcement and execution of the regulations by the Commission.

(3) (a)  Where, in relation to a centre, there is a failure or refusal to comply with a provision of the regulations, the registered proprietor shall be guilty of an offence.

(b)  A person who fails or refuses to comply with a provision of the regulations shall be guilty of an offence.

(4) (a)  Where a person is convicted of an offence under this section, the Circuit Court may, on the application of the Commission, brought not more than 6 months after the conviction or, in the case of an appeal against the conviction, the final determination of it or of any further appeal (if it is a determination affirming the conviction) or the withdrawal of any such appeal therefrom, by order declare that the person shall be disqualified during such period as may be specified in the order from carrying on the centre to which the conviction related or, at the discretion of that Court, any centre.

(b)  A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on the centre specified in the order or, if the order so specifies, any centre.

(c)  A person who contravenes paragraph (b) shall be guilty of an offence.

(d)  Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he or she shall be entitled to appear, be heard and adduce evidence on the hearing of the application.

(e)  The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the premises concerned are situated.

(5) A person who wilfully obstructs or interferes with the Inspector in the performance of functions under the regulations or who fails or refuses to comply with a requirement of the Inspector under such regulations shall be guilty of an offence.

Annotations

Editorial Notes:

E21

Power pursuant to subs. (1) exercised (1.11.2006) by Mental Health Act 2001 (Approved Centres) Regulations 2006 (S.I. No. 551 of 2006), in effect as per reg. 2.