Mental Health Act 2001

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 30 March 2020

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 Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Planning and Development Act 2000 (Subsection (3) of Section 251A) Order 2020 (S.I. No. 129 of 2020), made 29 March 2020, 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 30 March 2020

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Mental Health Acts 1945 to 2001 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Mental Health Act 2001 (25/2001), s. 1(2)). The Acts in this group are:

• Mental Treatment Act 1945 (19/1945)

• Mental Treatment Act 1961 (7/1961)

• Mental Health Act 2001 (25/2001)

Mental Health Acts 2001 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Mental Health (Renewal Orders) Act 2018 (23/2012), s. 9(2)). The Acts in this group are:

• Mental Health Act 2001 (25/2001)

• Mental Health Act 2008 (19/2008)

• Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63

• Mental Health (Amendment) Act 2018 (10/2018)

• Mental Health (Renewal Orders) Act 2018 (23/2018)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)

• Mental Health (Renewal Orders) Act 2018 (23/2018)

• Mental Health (Amendment) Act 2018 (10/2018)

• Domestic Violence Act 2018 (6/2018)

• Assisted Decision-Making (Capacity) Act 2015 (64/2015)

• Mental Health (Amendment) Act 2015 (58/2015)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

• Fines Act 2010 (8/2010)

• Health (Miscellaneous Provisions) Act 2009 (25/2009)

• Mental Health Act 2008 (19/2008)

• Medical Practitioners Act 2007 (25/2007)

• Criminal Law (Insanity) Act 2006 (11/2006)

• Health Act 2004 (42/2004)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Mental Health Commission Superannuation Scheme 2017 (S.I. No. 66 of 2017)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Mental Health Act 2001 (Period Prescribed Under Section 72(6)) Regulations 2008 (S.I. No. 44 of 2008)

• Mental Health Act 2001 (Approved Centres) Regulations 2006 (S.I. No. 551 of 2006)

• Mental Health Act 2001 (Authorised Officer) Regulations 2006 (S.I. No. 550 of 2006)

• Mental Health Act 2001 (Commencement) Order 2006 (S.I. No. 411 of 2006)

• Mental Health Act 2001 (Establishment Day) Order 2002 (S.I. No. 91 of 2002)

• Mental Health Act 2001 (Sections 1 To 5, 7, 31 To 55) (Commencement) Order 2002 (S.I. No. 90 of 2002)

All statutory instruments up to and including Planning and Development Act 2000 (Subsection (3) of Section 251a) Order 2020 (S.I. No. 129 of 2020), made 29 March 2020, were considered in the preparation of this revision.

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 30 March 2020

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, collective citation, construction and commencement.
2.	Interpretation.
2A.	Exigencies of public health emergency.
3.	“Mental disorder”.
4.	Best interests, etc., of person.
4A.	Guiding principles in respect of children.
5.	Regulations.
6.	Repeals.
7.	Expenses.

PART 2

Involuntary admission of persons to approved centres

8.	Criteria for involuntary admission to approved centres.
9.	Persons who may apply for involuntary admission.
10.	Making of recommendation for involuntary admission.
11.	Disclosure of previous application for involuntary admission.
12.	Powers of Garda Síochána to take person believed to be suffering from mental disorder into custody.
13.	Removal of persons to approved centres.
14.	Admission order.
15.	Duration and renewal of admission orders.
16.	Provision of information for persons admitted to approved centres.
17.	Referral of admission order and renewal order to a tribunal.
18.	Review by a tribunal of admission orders and renewal orders.
19.	Appeal to Circuit Court.
20.	Application for transfer of patient.
21.	Transfer of patient.
22.	Transfer of patient to hospital.
23.	Power to prevent voluntary patient from leaving approved centre.
24.	Power to detain voluntary patients.
25.	Involuntary admission of children.
26.	Absence with leave.
27.	Absence without leave.
28.	Discharge of patients.
29.	Voluntary admission to approved centres.
30.	Penalties under Part 2.

PART 3

Independent Review of Detention

31.	Establishment day.
32.	Establishment of Mental Health Commission.
33.	Functions of Commission.
34.	Conferral of additional functions on Commission.
35.	Membership of Commission.
36.	Terms of office of members of Commission.
37.	Chairperson of Commission.
38.	Chief Executive of Commission.
39.	Staff of Commission.
40.	Superannuation of staff of Commission.
41.	Borrowing by Commission.
42.	Reports and information to Minister.
43.	Membership of either House of Oireachtas or European Parliament.
44.	Grants to Commission.
45.	Gifts.
46.	Seal of Commission.
47.	Accounts and audits of Commission.
48.	Mental Health Tribunals.
49.	Powers of tribunals.
50.	Inspector of Mental Health Services.
51.	Functions of Inspector.
52.	Duties of Inspector when making inspection.
53.	Penalty for obstruction of Inspector.
54.	Assistant Inspectors of Mental Health Services.
55.	Inquiries.

PART 4

Consent to Treatment

56.	Definition ( Part 4).
57.	Treatment not requiring consent.
58.	Psycho-surgery.
59.	Electro-convulsive therapy.
60.	Administration of medicine.
61.	Treatment of children in respect of whom an order under section 25 is in force.

PART 5

Approved Centres

62.	Definitions ( Part 5).
63.	Prohibition of unregistered centres.
64.	Registration of approved centres.
65.	Appeals.
66.	Regulations in relation to approved centres.
67.	Restriction on admission of patients.
68.	Penalties under Part 5.

PART 6

Miscellaneous

69.	Bodily restraint and seclusion.
70.	Participation in clinical trials.
71.	Clinical directors.
71A.	Removal of persons and bringing back of patients to approved centres by authorised persons or by relevant persons.
72.	Transitional provisions.
73.	Leave of High Court for certain proceedings.
74.	Provisions in relation to offences.
75.	Review of operation of Act.

SCHEDULE

Enactments Repealed

Acts Referred to
	Adoption Acts, 1952 to 1998
	Child Care Act, 1991	1991, No. 17
	Comptroller and Auditor General (Amendment) Act, 1993	1993, No. 8
	Control of Clinical Trials Act, 1987	1987, No. 28
	Domestic Violence Act, 1996	1996, No. 1
	European Parliament Elections Act, 1997	1997, No. 2
	Freedom of Information Act, 1997	1997, No. 13
	Health Act, 1970	1970, No. 1
	Health (Eastern Regional Health Authority) Act, 1999	1999, No. 13
	Health (Mental Services) Act, 1981	1981, No. 17
	Mental Treatment Act, 1945	1945, No. 19
	Mental Treatment Act, 1953	1953, No. 35
	Mental Treatment Act, 1961	1961, No. 7
	Mental Treatment (Detention in Approved Institutions) Act, 1961	1961, No. 4
	Nurses Act, 1985	1985, No. 18
	Petty Sessions (Ireland) Act, 1851	1851, c. 93

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 30 March 2020

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. [8 th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

Prospective affecting provision: application of Act extended by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 106, not commenced as of date of revision.

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.

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;

...

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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Revised Acts

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Mental Health Act 2001