Mental Health Act 2001

Psycho-surgery.

58

F49[58. (1) Psycho-surgery shall not be performed on a patient.

(2) In this section psycho-surgery means any surgical operation that destroys brain tissue or the functioning of brain tissue and which is performed for the purposes of ameliorating a mental disorder.]

Annotations

Amendments:

F49

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

Modifications (not altering text):

C27

Section prior to 30 March 2020 temporarily suspended and section 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. 22, commenced as per s. 1(2)(b), 3(a), (b), subject to exception in s. 24. The suspended section is reproduced below.

58.—(1) Psycho-surgery shall not be performed on a patient unless—

(a) the patient gives his or her consent in writing to the psycho-surgery, and

(b) the psycho-surgery is authorised by a tribunal.

(2) Where it is proposed to perform psycho-surgery on a patient and the consent of the patient has been obtained, the consultant psychiatrist responsible for the care and treatment of the patient shall notify in writing the Commission of the proposal and the Commission shall refer the matter to a tribunal.

(3) Where such a proposal is referred to a tribunal under this section, the tribunal shall review the proposal and shall either—

(a) if it is satisfied that it is in the best interests of the health of the patient concerned, authorise the performance of the psycho-surgery, or

(b) if it is not so satisfied, refuse to authorise it.

(4) The provisions of sections 19 and 49 shall apply to the referral of a matter to a tribunal under this section as they apply to the referral of an admission order or a renewal order to a tribunal under section 17 with any necessary modifications.

(5) Effect shall not be given to a decision to which this section applies before—

(a) the expiration of the time for the bringing of an appeal to the Circuit Court, or

(b) if such an appeal is brought, the determination or withdrawal thereof.

(6) In this section “psycho-surgery” means any surgical operation that destroys brain tissue or the functioning of brain tissue and which is performed for the purposes of ameliorating a mental disorder.