Mental Health Act 2001

Referral of admission order and renewal order to a tribunal.

17

17.—(1) Following the receipt by the Commission of a copy of an admission order or a renewal order, F20[or an application referred to in section 15(3)(b),] the Commission shall, as soon as possible—

(a) refer the matter to a tribunal,

(b) assign a legal representative to represent the patient concerned unless he or she proposes to engage one,

F21[(c) direct in writing a member of the panel of consultant psychiatrists established under section 33(3)(b) or a consultant psychiatrist, other than the consultant psychiatrist responsible for the care and treatment of the patient concerned, to

(i) subject to subsection (6), examine the patient concerned,

(ii) interview the consultant psychiatrist responsible for the care and treatment of the patient, and

(iii) review the records relating to the patient,

in order to determine in the interest of the patient whether the patient is suffering from a mental disorder and to give a report in writing within 14 days on the results of the examination, interview and review to the tribunal to which the matter has been referred and to give a copy of the report to the legal representative of the patient,]

F22[(d) direct in writing the consultant psychiatrist responsible for the care and treatment of the patient concerned to give a report in writing to the tribunal to which the matter has been referred no earlier than the day before the date of the relevant sitting of the tribunal on his or her opinion as to whether the patient continues to suffer from a mental disorder and to give a copy of the report to the legal representative of the patient.]

(2) F23[]

F21[(3) If the consultant psychiatrist to whom a direction has been given under subsection (1)(c) is unable to comply with the direction, he or she shall so notify the Commission in writing and the Commission shall give a direction under subsection (1)(c) to another member of the panel of consultant psychiatrists or another consultant psychiatrist other than the consultant psychiatrist responsible for the care and treatment of the patient concerned.]

(4) A person who obstructs or interferes or fails to co-operate with a consultant psychiatrist in the performance of his or her functions under this section shall be guilty of an offence.

F22[(5) It shall be a defence for a person who is charged with an offence under subsection (4) of failing to co-operate with a consultant psychiatrist in the performance of his or her functions under this section to prove that the failure was attributable to the exigencies of the public health emergency.

(6) In the event that a consultant psychiatrist concerned is unable, due to the exigencies of the public health emergency, to carry out an examination, whether in person or by other appropriate means, under subsection (1)(c)(i), he or she shall set out the particular reasons for being unable to do so in his or her report to the tribunal under that subsection.]

Annotations

Amendments:

F20

Inserted (8.10.2018) by Mental Health (Renewal Orders) Act 2018 (23/2018), s. 6, S.I. No. 397 of 2018.

F21

Substituted (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 17(a)(i), (b), commenced as per s. 1(2)(b), (3)(a), (b), subject to exception in s. 24.

F22

Inserted (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 17(a)(ii), (c), commenced as per s. 1(2)(b), (3)(a), (b), subject to exception in s. 24.

F23

Suspended (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 23(a), commenced as per s. 1(2)(b), (3)(a), (b), subject to exception in s. 24.

F24

Substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 144(a), not commenced as of date of revision.

Modifications (not altering text):

C11

Section prior to 30 March 2020 temporarily suspended and subs. (1)(c) substituted, (d) inserted, subs. (2) suspended, subs. (3) substituted and subss. (5) and (6) inserted (30.03.2020 to 9.11.2020 or other date if continued in operation) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), ss. 17, 23(a), commenced as per s. 1(2)(b), 3(a), (b), subject to exception in s. 24. The suspended section is reproduced below.

17.—(1) Following the receipt by the Commission of a copy of an admission order or a renewal order, F20[or an application referred to in section 15(3)(b),] the Commission shall, as soon as possible—

(a) refer the matter to a tribunal,

(b) assign a legal representative to represent the patient concerned unless he or she proposes to engage one,

(c) direct in writing (referred to in this section as “a direction”) a member of the panel of consultant psychiatrists established under section 33(3)(b) to—

(i) examine the patient concerned,

(ii) interview the consultant psychiatrist responsible for the care and treatment of the patient, and

(iii) review the records relating to the patient,

in order to determine in the interest of the patient whether the patient is suffering from a mental disorder and to report in writing within 14 days on the results of the examination, interview and review to the tribunal to which the matter has been referred and to provide a copy of the report to the legal representative of the patient.

(2) Where the Commission gives a direction under this section, the consultant psychiatrist concerned shall, on presentation by him or her of the direction at the approved centre concerned, be admitted to the centre and allowed to—

(a) examine the patient and the records relating to the patient, and

(b) interview the consultant psychiatrist responsible for the care and treatment of the patient.

(3) If the consultant psychiatrist to whom a direction has been given under this section is unable to examine the patient concerned, he or she shall so notify the Commission in writing and the Commission shall give a direction under subsection (1) to another member of the panel of consultant psychiatrists.

(4) A person who obstructs or interferes or fails to co-operate with a consultant psychiatrist in the performance of his or her functions under this section shall be guilty of an offence.

C12

Prospective affecting provision: subs. (1)(b) substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 144(a), not commenced as of date of revision.

(b) F24[arrange for the assignment of a legal representative to represent the patient concerned unless he or she proposes to engage one,]

Editorial Notes:

E12

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).