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SI No.19 of 2007
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District Court (Mental Health Appeals) Rules 2007
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The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924, section 72 of the Courts of Justice Act 1936, section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-
1. These rules may be cited as the District Court (Mental Health Appeals) Rules 2007.
2. These rules shall come into operation on the 21st day of February 2007 and shall be read together with all other District Court rules for the time being in force.
3. The District Court Rules 1997 (S.I. No.93 of 1997) shall be amended by the insertion immediately following rule 5 of Order 100 of the following:
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“Appeals under the Mental Health Act 2001
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6.(1) In this rule-
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“the Act” means the Mental Health Act 2001 (No. 25 of 2001);
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the expressions “approved centre”, “centre”, “Commission”, and “registered proprietor” shall have the meanings given to each of them by the Act.
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(2) An appeal under section 65(1) of the Act by a person, being a registered proprietor or, as the case may be, a person intending to be the registered proprietor of an approved centre, against a decision of the Commission to refuse to register the centre, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached, to the registration of the centre may be made to the Judge assigned to the district court district in which the centre concerned is situated, at any sitting of the Court for said court district.
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(3) Such appeal shall be by notice of appeal in the Form 100.5, Schedule D and shall be served on the Commission by the appellant not later than seven days before the date of the sitting for which the appeal is returnable. A copy of the decision of the Commission appealed from shall be annexed to the notice of appeal. The original notice of appeal, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.
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(4) An order made under sub-section (1) of Section 65 of the Act on such appeal shall be in the Form 100.6, Schedule D”.
5. The Forms numbered 100.5 and 100.6 in Schedule 1 hereof shall be added to the Forms in Schedule D of the District Court Rules 1997 (S.I. No. 93 of 1997).
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Schedule 1
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Schedule D
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O. 100, r. 6
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No. 100.5
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NOTICE OF APPEAL TO THE DISTRICT COURT
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MENTAL HEALTH ACT 2001
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SECTION 65(1)
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District Court Area of
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District No.
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.............................................................................................................................
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Appellant
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Mental Health Commission
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Respondent
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TAKE NOTICE that the above-named appellant, ...........................
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of........................................................................................being
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*
the registered proprietor *
the person intending to be the registered proprietor
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of an approved centre (within the meaning of section 63 of the above-named Act) situated at.............................................in the said district court district aforesaid, will appeal at the sitting of the District Court to be held at................on the .... day of ..................... 20...... at............ a.m./p.m., from a decision of the above-named respondent, the Mental Health Commission, under section 64 of the above-named Act, of which the appellant received notification on.....................20...... (being within 21 days of the date of this appeal)
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*
to refuse to register the said centre,
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*
to remove the said centre from the register
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*
to attach a condition to the registration of the said centre
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*
(to amend) *
(to revoke) a condition attached to the registration of the said centre
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Dated this ......................... day of ......................... 20 .....
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Signed................................................
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(Solicitor for the) Appellant
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To: The Mental Health Commission
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To the District Court Clerk
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District Court Office at........................................
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Schedule D
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O. 100, r. 6
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No. 100.6
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MENTAL HEALTH ACT 2001
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SECTION 65(1)
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ORDER ON APPEAL
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District Court Area of
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District No.
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.............................................................................................................................
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Appellant
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Mental Health Commission
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Respondent
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UPON HEARING AN APPEAL brought before this Court under section 65 of the above-named Act by the above-named appellant, of............................................., being *
the registered proprietor *
the person intending to be the registered proprietor of an approved centre situated at ............................................... within the district court district aforesaid against a decision of the above-named respondent, the Mental Health Commission, made under section 64 of the above-named Act, of which the appellant received notification on.............. 20..... (being within 21 days of the date of the appellant's notice of appeal)
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*
to refuse to register the said centre,
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*
to remove the said centre from the register
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*
to attach a condition to the registration of the said centre
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*
to amend or revoke a condition attached to the registration of the said centre
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THE COURT BEING SATISFIED that the respondent was duly served with the notice of appeal
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HAVING HEARD THE EVIDENCE tendered by or on behalf of the appellant *
(and the respondent)
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THE COURT HEREBY
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*
CONFIRMS the decision of the respondent Mental Health Commission, under section 64 of the above-named Act notified to the appellant on ...............20.....
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*
DIRECTS the respondent Mental Health Commission
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*
(to register the above-named centre)
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*
(to restore the registration of the above-named centre)
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*
(to withdraw a condition attached to the registration of the above-named centre, viz. the condition that.....................)
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*
(to withdraw an amendment to a condition attached to the registration of the above-named centre, viz. the amendment that.....................)
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*
(to withdraw the revocation of a condition attached to the registration of the above-named centre, viz. the condition that.....................)
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*
(to attach a condition to the registration of the above-named centre, viz. the condition.....................)
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*
(to amend a condition attached to the registration of the above-named centre, viz. to amend the condition that.....................by................)
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Dated this day of 20
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Signed................................................
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Judge of the District Court
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Given this 27th day of November 2006
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Uinsin Mac Gruairc
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Mary C Devins
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Thomas E O'Donnell
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Hugh O'Neill
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Noel A. Doherty
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Elizabeth Hughes
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Secretary
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I concur in the making of the foregoing rules
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Dated this 24th day of January 2007
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MICHAEL McDOWELL
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Minister for Justice, Equality and Law Reform
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EXPLANATORY NOTE
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(This does not form part of the instrument and does not purport to be a legal interpretation)
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These Rules amend Order 100 to provide procedures and forms for an appeal under section 65 (1) of the Mental Health Act 2001.
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