Mental Health Act 2001

Transitional provisions.

72

72.—(1) Subject to the provisions of this section, where immediately before the commencement of Part 2, a person stood detained under section 171, 178, 184 or 185 of the Act of 1945, he or she shall be regarded for the purposes of this Act as having been involuntarily admitted under that Part to the institution in which he or she was so detained.

(2) In the case of a person who immediately before such commencement stood detained under section 184 or 185 of the Act of 1945, his or her treatment and detention shall be regarded as authorised by virtue of this Act until the expiration of the period during which he or she may be detained pursuant to the said section 184 or 185 as may be appropriate.

(3) In the case of a person detained under section 171 or 178 of the Act of 1945, his or her treatment and detention shall be regarded as authorised by virtue of this Act for a period not exceeding 6 months after the commencement of this section.

(4) The detention of a person referred to in subsection (2) or (3) shall be referred to a tribunal by the Commission before the expiration of the period referred to in subsection (2) or (3), as may be appropriate, and the tribunal shall review the detention as if it had been authorised by a renewal order under section 15(2).

(5) As soon as may be after the commencement of this section, the clinical director of the institution concerned shall furnish the Commission with particulars of the persons detained in the institution under the provisions of the Act of 1945.

(6) During the period of 3 years from the commencement of Part 2, or such shorter period as may be prescribed, a hospital or other in-patient facility for the care and treatment of persons with a mental disorder which, immediately before such commencement, was providing such care and treatment, shall, for the purposes of this Act, be deemed to be an approved centre.

(7) During the period referred to in subsection (6), the provisions of Part X of the Act of 1945 shall apply to a centre which, immediately before the commencement of Part 2, was registered under the said Part X as if the centre were a private institution within the meaning of that Part.

(8) During the period referred to in subsection (6), the provisions of Part XI of the Act of 1945 shall apply to a centre which, immediately before the commencement of Part 2, was registered under the said Part XI as if the centre were a private charitable institution within the meaning of that Part.

(9) The provisions of Part XII of the Act of 1945 shall apply to a hospital or other in-patient facility in which the care and treatment of persons with a mental disorder or mental illness is begun during the period referred to in subsection (6).

(10) In this section, “centre” means a hospital or other in-patient facility for the care and treatment of persons suffering from a mental disorder or a mental illness.

Annotations

Editorial Notes:

E24

Power pursuant to subs. (6) exercised (26.02.2008) by Mental Health Act 2001 (Period Prescribed under Section 72(6)) Regulations 2008 (S.I. No. 44 of 2008).