Mental Health Act 2001

Referral of admission order and renewal order to a tribunal.


17.—(1) Following the receipt by the Commission of a copy of an admission order or a renewal order, F21[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.




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

Editorial Notes:


Previous affecting provisions: 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 9.11.2021, see annotation to s. 2A) 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 transitional exception in s. 24. Ceased 10.11.2021.


Previous affecting provision: subs. (1)(b) substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 144(a), not commenced; repealed (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 3(f), S.I. No. 194 of 2023.


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).