Mental Health Act 2001

Provision of information for persons admitted to approved centres.

16

16.—(1) Where a consultant psychiatrist makes an admission order or a renewal order, he or she shall, not later than 24 hours thereafter—

(a) send a copy of the order to the Commission, and

(b) give notice in writing of the making of the order to the patient.

(2) A notice under this section shall include a statement in writing to the effect that the patient—

(a) is being detained pursuant to section 14 or 15, as the case may be,

(b) is entitled to legal representation,

(c) will be given a general description of the proposed treatment to be administered to him or her during the period of his or her detention,

(d) is entitled to communicate with the Inspector,

(e) will have his or her detention reviewed by a tribunal in accordance with the provisions of section 18,

F19[(ee) subject to section 15(3)(c) and (d), is entitled, by virtue of section 15(3)(b), to apply (or have his or her legal representative apply on the instructions of the patient or on the representatives own initiative) to the Commission to have the patients detention further reviewed by a tribunal in accordance with the provisions of section 18,]

(f) is entitled to appeal to the Circuit Court against a decision of a tribunal under section 18 if he or she is the subject of a renewal order, and

(g) may be admitted to the approved centre concerned as a voluntary patient if he or she indicates a wish to be so admitted.

(3) In this section references to an admission order shall include references to the relevant recommendation and the relevant application.

Annotations

Amendments:

F19

Inserted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 5, S.I. No. 397 of 2018.

Editorial Notes:

E11

Previous affecting provisions: transitional provision for unexpired renewal orders, replacement renewal orders and confirmation of expired renewal orders made (30.10.2008) by Mental Health Act 2008 (19/2008), ss. 3, 4 and 5, commenced on enactment. Note also transitional provision in 19/2008, s. 7(2).