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
Preliminary and General
Section |
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1. |
Short title, collective citation, construction and commencement. |
2. |
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2A. |
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3. |
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4. |
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4A. |
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5. |
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6. |
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7. |
Involuntary admission of persons to approved centres
Independent Review of Detention
31. |
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32. |
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33. |
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34. |
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35. |
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36. |
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37. |
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38. |
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39. |
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40. |
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41. |
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42. |
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43. |
Membership of either House of Oireachtas or European Parliament. |
44. |
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45. |
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46. |
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47. |
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48. |
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49. |
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50. |
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51. |
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52. |
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53. |
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54. |
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55. |
Consent to Treatment
56. |
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57. |
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58. |
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59. |
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60. |
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61. |
Treatment of children in respect of whom an order under section 25 is in force. |
Approved Centres
62. |
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63. |
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64. |
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65. |
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66. |
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67. |
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68. |
Miscellaneous
69. |
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70. |
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71. |
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71A. |
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72. |
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73. |
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74. |
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75. |
Enactments Repealed
Acts Referred To |
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Adoption Acts, 1952 to 1998 |
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Child Care Act, 1991 |
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Comptroller and Auditor General (Amendment) Act, 1993 |
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Control of Clinical Trials Act, 1987 |
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Domestic Violence Act, 1996 |
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European Parliament Elections Act, 1997 |
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Freedom of Information Act, 1997 |
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Health Act, 1970 |
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Health (Eastern Regional Health Authority) Act, 1999 |
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Health (Mental Services) Act, 1981 |
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Mental Treatment Act, 1945 |
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Mental Treatment Act, 1953 |
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Mental Treatment Act, 1961 |
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Mental Treatment (Detention in Approved Institutions) Act, 1961 |
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Nurses Act, 1985 |
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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):
C1
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.
C2
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;
(c) the area chief executive of an Area Health Board.
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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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