Mental Treatment Act, 1945

Special regulations in relation to particular institution maintained by a mental hospital authority.

41.—(1) A mental hospital authority may, with the consent of the Minister, make special regulations governing, subject to the provisions of this Act and of any general regulations made under section 40 of this Act, the carrying on of any particular institution maintained by them, and it shall be the duty of the authority to comply with such regulations.

(2) The Minister may require a mental hospital authority to make under this section any regulation which he considers necessary for the carrying on of any particular institution maintained by them and, if the authority fail to make such regulation, it may be made by the Minister and shall have the like effect as if made by the authority.

(3) Until regulations are made under this section in relation to any particular institution, all regulations or rules in force immediately before the commencement of this Part of this Act in relation thereto under sub-section (6) of section 9 (repealed by this Act) or proviso (b) (repealed by this Act) to sub-section (2) of section 110 of the Local Government (Ireland) Act, 1898 shall subject to the provisions of this Act and any general regulations made under section 40 of this Act, continue to have effect and be capable of being amended or revoked as if they were regulations made under this section.

(4) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.