Mental Health Act 2001

Removal of persons to approved centres.

13

13.—(1) Where a recommendation is made in relation to a person (other than a recommendation made following an application under section 12), the applicant concerned shall arrange for the removal of the person to the approved centre specified in the recommendation.

(2) Where the applicant concerned is unable to arrange for the removal of the person concerned, the clinical director of the approved centre specified in the recommendation or a consultant psychiatrist acting on his or her behalf shall, at the request of the registered medical practitioner who made the recommendation, arrange for the removal of the person to the approved centre by members of the staff of the approved centre F15[or by authorised persons].

(3) Where the clinical director of the approved centre or a consultant psychiatrist acting on his or her behalf and the registered medical practitioner who made the recommendation are of opinion that there is a serious likelihood of the person concerned causing immediate and serious harm to himself or herself or to other persons, the clinical director or a consultant psychiatrist acting on his or her behalf may, if necessary, request the Garda Síochána to assist F16[in such removal] of the person to that centre and the Garda Síochána shall comply with any such request.

(4) Where a request is made to the Garda Síochána under subsec-tion (3), a member or members of the Garda Síochána may—

(a) enter if need be by force any dwelling or other premises where he or she has reasonable cause to believe that the person concerned may be, and

(b) take all reasonable measures necessary for the removal of the person concerned to the approved centre including, where necessary, the detention or restraint of the person concerned.

Annotations

Amendments:

F15

Inserted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(3)(a), commenced on enactment.

F16

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(3)(b), commenced on enactment.

Modifications (not altering text):

C10

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

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