Mental Health Act 2001

Mental Health Tribunals.

48

48.—(1) The Commission shall from time to time appoint one or more tribunals which or each of which shall be known as a Mental Health Tribunal (in this Act referred to as “a tribunal”) to determine such matter or matters as may be referred to it by the Commission under section 17.

(2) A tribunal shall consist of 3 members.

(3) Of the members of a tribunal—

(a) one shall be a consultant psychiatrist,

(b) one shall be a practising barrister or solicitor who has had not less than 7 years' experience as a practising barrister or solicitor ending immediately before such appointment who shall be the Chairperson of the tribunal, and

(c) one shall be a person other than a person referred to in paragraphs (a) or (b) or a registered medical practitioner or a registered nurse.

F44[(3A) Notwithstanding subsections (2) and (3), where it appears to the Commission that, due to the exigencies of the public health emergency, a tribunal cannot be appointed in accordance with those subsections, it may appoint a tribunal consisting of one member who shall be a practising barrister or solicitor who has had not less than 7 years experience as a practising barrister or solicitor ending immediately before such appointment.

(3B) Where subsection (3A) applies

(a) subsection (4) shall not have effect, and

(b) the reference in subsection (8) to each member of the tribunal shall be construed as a reference to the member of the tribunal.]

(4) At a sitting of a tribunal, each member of the tribunal shall have a vote and every question shall be determined by a majority of the votes of the members.

(5) A member of the Commission shall be disqualified for membership of a tribunal.

(6) A member of a tribunal shall hold office for such period not exceeding 3 years and on such other terms and conditions as the Commission may determine when appointing him or her.

(7) A member of a tribunal may resign his or her membership by letter addressed to the Commission and the resignation shall take effect from a date specified therein or upon receipt of the letter by the Commission, whichever is the later.

(8) Each member of a tribunal shall be paid, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Commission may, with the consent of the Minister and the Minister for Finance, determine.

(9) A member of a tribunal may at any time be removed from membership of the tribunal by the Commission if, in the Commission's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Commission to be necessary for the effective performance by the tribunal of its functions.

(10) A member of a tribunal shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

(11) A member of a tribunal whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of a tribunal.

(12) In this section “consultant psychiatrist” includes a person who was employed as a consultant psychiatrist by F45[the Health Service Executive] or an approved centre not more than 7 years before his or her appointment under this section.

Annotations

Amendments:

F44

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. 20, commenced as per s. 1(2)(b), (3)(a), (b), subject to exception in s. 24.

F45

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 7, S.I. No. 887 of 2004.

Modifications (not altering text):

C21

Function under subs. (8) transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

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No. 25 of 2001

Mental Health Act 2001

Sections 33(3)(c), 44, 48(8), 50(3) and 54(4) and (5)

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C22

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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