Local Government (Ireland) Act, 1898

Provision and management of lunatic asylums.

38 & 39 Vict. c. 67.

9.(1) It shall be the duty of the council of every county to provide and maintain sufficient accommodation for the lunatic poor in that county in accordance with the Lunatic Asylum Acts, and if it appears to the Lord Lieutenant that any council fail to perform such duty, he may order that council to remedy the failure within the time and in the manner (if any) specified in the order.

(2) The duties of the council under this section shall be exercised through a committee appointed by them, and if the Lord Lieutenant fixes a number of the number so fixed; and out of that committee a number not exceeding one-fourth may be persons not members of the council.

(3) There shall be transferred to the council, acting through that committee, the business of the governors and directors of the asylum under the Lunatic Asylum Acts, and the committee, subject to the general control of the council as respects finance, may act without their acts being confirmed by the council.

(4) Plans or contracts for the purchase of land or buildings, or for the erection, restoration, or enlargement of buildings, shall not be carried into effect until approved by the Lord Lieutenant.

(5) The county council, through the said committee, shall properly manage and maintain every lunatic asylum for their county; and subject to the provisions of this Act, may appoint and remove the officers of the asylum and regulate the expenditure. . . . .

(6) The county council, through the said committee, may, and if required by the Lord Lieutenant shall, make regulations respecting the government and management of every lunatic asylum for their county, and the admission, detention, and discharge of lunatics, and the conditions as to payment and accommodation under which private patients may be admitted into and detained in the asylum, and the regulations when approved by the Lord Lieutenant with or without modifications shall have full effect, and shall have the same effect for the purposes of the fourth section of the Lunatic Asylums (Ireland) Act, 1875, as if made by the Lord Lieutenant and Privy Council.

(7) Where a district for a lunatic asylum comprises two or more counties, this section shall apply with the necessary modifications to those counties and to the councils thereof; and the expenses shall be defrayed by the several counties in proportion to the number of lunatics from each county according to the average of the three local financial years which ended next before the last triennial election of county councillors; and the committee for the asylum shall be a joint committee of the councils of the counties, with a representation of each council (determined in case of dispute by the Lord Lieutenant) in the same proportion as that in which the expenses are defrayed.

(8) Where a county council fail or refuse to provide funds for any object approved by any such joint committee, the joint committee may, except where the majority of the county councils represented on such joint committee so fail or refuse, appeal to the Lord Lieutenant, and the said county council shall comply with any order made by the Lord Lieutenant upon that appeal.

(9) Proceedings had or taken by any such joint committee shall be had or taken in the names of the said councils jointly, and proceedings had or taken against any such joint committee shall be had or taken against such councils jointly.