Mental Treatment Act, 1945

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Number 19 of 1945.

MENTAL TREATMENT ACT, 1945.

ARRANGEMENT OF SECTIONS

Preliminary and General.

The Inspector of Mental Hospitals and Assistant Inspectors of Mental Hospitals.

12.	The Inspector of Mental Hospitals.
13.	Assistant inspectors of mental hospitals.

PART III.

Mental Hospital Districts And Mental Hospital Authorities.

14.	Mental hospital districts.
15.	Mental hospital authorities.
16.	Appointment of joint board, etc.
17.	General provisions relating to joint board.
18.	Transfer of property to joint board, etc.

PART IV.

General Duty of Mental Hospital Authority to Provide Treatment, Maintenance, Advice and Services.

19.	General duty of mental hospital authority to provide treatment, maintenance, advice and services.

PART V.

Institutions to Be Provided and Maintained By Mental Hospital Authorities.

20.	General duty to provide accommodation.
21.	District mental hospital.
22.	Auxiliary mental hospital.
23.	Accommodation for temporary and voluntary patients.
24.	Consulting rooms and clinics.
25.	Laboratory.
26.	Additional institutions and accommodation.
27.	Certain institutions to be deemed to be provided under this Part of this Act.
28.	General duty to carry on in a proper manner institutions and accommodation maintained by mental hospital authority.
29.	Residences for staff.
30.	Burial place.
31.	Enlargement of institution maintained by mental hospital authority, etc.
32.	Contribution to cost of public water supply.
33.	Contribution to cost of public sewerage scheme.
34.	Contributions to cost of providing clinic, dispensary or health centre.
35.	Restriction on erecting institution to be maintained by mental hospital authority, etc.
36.	Restriction on erecting buildings attached to institution maintained by mental hospital authority, etc.
37.	Restriction on repairs, etc.
38.	Provision by two or more mental hospital authorities jointly of institution.
39.	Provision by two or more mental hospital authorities jointly of laboratory.
40.	General regulations in relation to institutions maintained by mental hospital authorities.
41.	Special regulations in relation to particular institution maintained by a mental hospital authority.
42.	Discontinuance of institution maintained by mental hospital authority.

PART VI.

Financial Provisions Relating to Mental Hospital Authorities.

43.	Expenses of mental hospital authorities.
44.	Borrowing.
45.	Limit on borrowing.
46.	Treasurer of joint board.
47.	Amounts received by joint board.
48.	Amounts paid by joint board.
49.	Audit of accounts of joint board.

PART VII.

Acquisition and Disposal of Land By Mental Hospital Authorities.

50.	Definitions for purposes of Part VII.
51.	Powers of mental hospital authority to acquire land.
52.	Incorporation of Lands Clauses Acts.
53.	Power of mental hospital authority-to inspect land.
54.	Making of compulsory acquisition order.
55.	Notices, etc., of making of compulsory acquisition order.
56.	Confirmation of compulsory acquisition order.
57.	Notices, etc., of confirmation of compulsory acquisition order.
58.	Annulment of compulsory acquisition order by the High Court.
59.	Commencement of compulsory acquisition order.
60.	Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.
61.	Appropriation of surplus land to other purposes.
62.	Disposal of surplus land.

PART VIII.

Superannuation, Etc., of Officers and Servants of Mental Hospital Authorities.

63.	Definitions for purposes of Part VIII.
64.	Non-application of Part VIII in certain cases.
65.	Register of certain officers and servants.
66.	Superannuation of registered officers and servants.
67.	Pensions, etc., to registered officers and servants on being incapacitated.
68.	Superannuation of officers and servants who are not registered.
69.	Pensions, etc., to officers and servants who are not registered on being incapacitated.
70.	Payment where officer or servant dies.
71.	Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.
72.	Pension, etc., in certain special cases.
73.	Reduction of allowance in certain cases.
74.	Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.
75.	Ascertainment of continuation of incapacity.
76.	Marriage gratuities.
77.	Allowances to widows in certain cases.
78.	Allowance in respect of children in certain cases.
79.	Limit on allowances and lump sums.
80.	Payment, of certain deficiencies.
81.	Forfeiture of allowance in case of grave misconduct.
82.	Reckoning of service.
83.	Abatement of allowance on appointment of recipient.
84.	Reduction of certain allowances.
85.	Contributions.
86.	Return of contributions.
87.	Assignment of pensions, etc.
88.	Officer or servant becoming Civil Servant.
89.	Civil Servant becoming officer or servant.
90.	Contributions in case of service with more than one mental hospital authority.
91.	Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.
92.	Appeal to the Minister.
93.	Age limit.

PART IX.

Miscellaneous Provisions Relating to Mental Hospital Authorities.

94.	Resident medical superintendent.
95.	Committees of mental hospital authorities.
96.	Visiting committee of district mental hospital.
97.	Visiting committee of auxiliary mental hospital.
98.	Joint administration of mental hospital districts.
99.	Reception of minutes of proceedings at meeting of joint board as evidence, etc.
100.	Joint board as local authority for purposes of certain Acts.
101.	Arrangement for maintenance in institution not maintained by relevant mental hospital authority.
102.	Arrangement for treatment in approved institutions.
103.	Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.
104.	Religious services and chaplains in institutions maintained by mental hospital authority.
105.	Regulations as to contracts by mental hospital authorities.
106.	Contributions to associations and societies for prevention and treatment of mental disease.
107.	Burials.
108.	Transfer of patient to proper district mental hospital, etc.
109.	Admission of persons as private patients to mental institution maintained by mental hospital authority.
110.	Regulations for guidance and control of mental hospital authorities and their officers.

PART X.

Private Institutions.

111.	Definitions for purposes of Part X.
112.	Register of private institutions.
113.	Obligation to register private institution.
114.	Exceptions from obligation to register private institution.
115.	Application for registration or renewal of registration of private institution.
116.	Duration of registration of private institution.
117.	Certificate of registration or renewal of registration of private institution.
118.	Refusal of registration or renewal of registration of private institution and removal from register of private institution.
119.	Grounds for refusal of registration of private institution.
120.	Grounds for refusing renewal of registration of private institution.
121.	Grounds for removal of private institution from register.
122.	Continuation of certain powers after removal of private institution from register or after registration not being renewed.
123.	Disqualification from being member of governing body of private institution.
124.	Provisions consequent upon transfer, etc., of private institution.
125.	Striking out or correction of registration of private institution.
126.	Addition to or alteration of premises of private institution.
127.	Keeping of plans of premises of private institution available for inspection.
128.	Restriction on number of patients in private institution.
129.	Visitation of private institution where two or more patients are kept.
130.	Visitation of sole patient in private institution.
131.	Register of patients in private institution.
132.	Regulations governing carrying on of private institution, etc.

PART XI.

Private Charitable Institutions.

133.	Definitions for purposes of Part XI.
134.	Register of private charitable institutions.
135.	Obligation to register private charitable institution.
136.	Exceptions from obligation to register private charitable institution.
137.	Application for registration or renewal of registration of private charitable institution.
138.	Duration of registration of private charitable institution.
139.	Certificate of registration or renewal of registration of private charitable institution.
140.	Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.
141.	Grounds for refusal of registration of private charitable institution.
142.	Grounds for refusing renewal of registration of private charitable institution.
143.	Grounds for removal of private charitable institution from register.
144.	Continuation of certain powers after removal of private charitable institution from register or after registration not being renewed.
145.	Disqualification from being member of governing body of private charitable institution.
146.	Provisions consequent upon transfer, etc., of private charitable institution.
147.	Striking out or correction of registration of private charitable institution.
148.	Addition to or alteration of premises of private charitable institution.
149.	Keeping of plans of premises of private charitable institution available for inspection.
150.	Restriction on number of patients in private charitable institution.
151.	Visitation of private charitable institution.
152.	Register of patients in private charitable institution.
153.	Regulations governing carrying on of private charitable institutions, etc.
154.	Abstract of accounts.

PART XII.

Authorised Institutions.

155.	Register of patients in authorised institution.
156.	Requisition to remedy defects.
157.	Requisition not to use authorised institution for taking care of persons of unsound mind.

PART XIII.

Approved Institutions.

158.	Approval by order of the Minister.
159.	Restriction on reception of persons as temporary and voluntary patients.
160.	Register of patients in approved institution.
161.	Regulations governing carrying on of approved institutions.

PART XIV.

Reception Orders.

Chapter I.

Chargeable Patient Reception Orders.

162.	Application for recommendation for reception.
163.	Making of recommendation for reception.
164.	Disclosure of previous application for recommendation for reception.
165.	Removal to Gárda Síochána station of person believed to be of unsound mind and requiring control, etc.
166.	Person believed to be of unsound mind not under proper care, etc.
167.	Effect of recommendation for reception.
168.	Co-operation in removal upon making of recommendation for reception.
169.	Certificate by authorised medical officer making recommendation for reception that escort is necessary, etc.
170.	Payment of cost of conveyance upon making of recommendation for reception.
171.	Chargeable patient reception order.
172.	Effect of chargeable patient reception order.
173.	Statement of reasons for refusal of chargeable patient reception order.
174.	Amendment of recommendation for reception or chargeable patient reception order.
175.	Expenses of Gárda Síochána under Chapter I of Part XIV.
176.	Cases of urgency, etc.

Chapter II.

Private Patient Reception Orders.

177.	Application for private patient reception order.
178.	Making of private patient reception order.
179.	Restriction on receptions under private patient reception orders.
180.	Disclosure of previous application for private patient reception order.
181.	Effect of private patient reception order.
182.	Amendment of private patient reception order.
183.	Certificate by registered medical practitioners making private patient reception order that escort is necessary, etc.

Chapter III.

Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders.

184.	Application for and making of temporary chargeable patient reception order.
185.	Application for and making of temporary private patient reception order.
186.	Effect of temporary chargeable patient reception order or temporary private patient reception order.
187.	Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.
188.	Co-operation in removal upon making of temporary chargeable patient reception order.
189.	Extension of period of detention of temporary patient.

PART XV.

Reception of Persons into Approved Institutions as Voluntary Patients.

190.	Application for reception as voluntary patient and as chargeable patient.
191.	Application for reception as voluntary patient and as private patient.
192.	Reception and treatment of voluntary patient.
193.	Payment of cost of conveyance of voluntary patient receivable as chargeable patient.
194.	Notice by voluntary patient that he wishes to leave approved institution.
195.	Voluntary patient becoming mentally incapable of expressing wishes.
196.	Voluntary patient under 16 years of age ceasing to have parent or guardian.
197.	Notice of reception, departure, or death of voluntary patient.
198.	Register of voluntary patients.

PART XVI.

Persons Detained Under Reception Orders.

199.	Giving of copy of reception order to Minister.
200.	Register of persons received into mental institutions under reception orders.
201.	Report to Minister on expiration of twenty-one days after reception under reception order.
202.	Notice to the Minister of escape, etc.
203.	Absence on trial.
204.	Absence on parole.
205.	Transfer by mental hospital authority to another institution maintained by them.
206.	Transfer to different district mental hospital.
207.	Transfer to Dundrum Central Criminal Lunatic Asylum.
208.	Removal for special treatment.
209.	Boarding-out.
210.	Provisions applicable where chargeable patient is boarded-out.
211.	Provisions applicable where private patient is boarded-out.
212.	Arrangement for maintenance.
213.	Transfer from mental institution not maintained by mental hospital authority.
214.	Transfer on application of applicant for reception order.
215.	Discharge of person detained as private patient on direction.
216.	Person detained becoming desirous of being received as voluntary patient.
217.	Notice of recovery of person detained as private patient.
218.	Notice of recovery of person detained as chargeable patient.
219.	Discharge of person detained as chargeable patient where no relative known.
220.	Application by relative or friend of person detained as chargeable patient to take care of such person.
221.	Certificate that person proposed to be discharged is unfit therefor.
222.	Order for examination of patient.
223.	Visiting of person discharged after detention as chargeable patient.
224.	Sending of person who is detained as chargeable patient and who is eligible for public assistance to district institution on discharge.
225.	Making available of case books to mental hospital authority.
226.	Examination of person detained as temporary patient by Inspector of Mental Hospitals.
227.	Direction to discharge person detained as temporary patient, etc.
228.	Direction to give copy of order and medical certificate to temporary patient.
229.	Retaking on escape.

PART XVII.

Recovery of Cost of Maintenance and Treatment in District Mental Hospitals.

230.	Liability to maintain relations.
231.	Particulars for determining if person is a chargeable patient.
232.	Liability to contribute to cost of mental hospital assistance.
233.	Liability to repay cost of mental hospital assistance.
234.	Appropriation of property.

PART XVIII.

Powers and Duties of the Inspector of Mental Hospitals.

235.	General power of inspection of mental institutions by Inspector of Mental Hospitals.
236.	Periodical inspection of mental institutions by Inspector of Mental Hospitals.
237.	Duties of Inspector of Mental Hospitals when making inspection.
238.	Special attention where propriety of detention is doubtful.
239.	Further consideration of detention of patient in institution maintained by mental hospital authority.
240.	Further consideration of detention of patient in institution not maintained by mental hospital authority.
241.	Order by President of High Court for visit and examination of person detained as person of unsound mind.
242.	Examination on oath.
243.	Report to the Minister.
244.	Production of list of patients, etc.
245.	Facilities for inspection.
246.	Assistance by medical practitioner or resident medical superintendent in making visit to mental institution.
247.	Annual report on mental institutions.
248.	Inspection of Dundrum Central Criminal Lunatic Asylum.

PART XIX.

Miscellaneous.

249.	General penalty.
250.	Reception and detention otherwise than under this Act.
251.	Concealment of patient, etc.
252.	Direction not to supply intoxicants or narcotics to patient.
253.	Ill-treatment or neglect.
254.	Increase of penalty for misdemeanour under section 4 of Criminal Law Amendment Act 1935, in certain cases.
255.	Misstatement in application for reception order, etc.
256.	Effect on reception order of change of place of detention.
257.	Prohibition on compelling patient to attend religious service not of his religion.
258.	Delivery to Minister of certain contracts, etc.
259.	Time limit on certain proceedings.
260.	Leave of the High Court for certain proceedings.
261.	Lodging of person not of unsound mind in mental institution.
262.	Application of this Act to existing patients.
263.	Mechanical means of bodily restraint.
264.	Application of mechanical means of bodily restraint in mental institutions.
265.	Restriction on employment of male persons.
266.	Forwarding of certain letters of patients.
267.	Notices as to right to have letters forwarded.
268.	Report to coroner on death of patient.
269.	Order directing admission of person to visit patient.
270.	Saver for certain rights, etc.
271.	Application by discharged patient for copy of reception order.
272.	Report of certain matters to Minister.
273.	Retirement, relinquishment of his commission, or discharge of member of Defence Forces who is of unsound mind.
274.	Fee for authorised medical officer carrying out medical examination.
275.	Nomination of person to take place of applicant for a reception order.
276.	Assistance by counsel in making visit or investigation under this Act.
277.	Inquiries.
278.	Taking of evidence at inquiries on oath.
279.	Penalty for obstruction of Inspector of Mental Hospitals, etc.
280.	Laying of orders and regulations before Oireachtas.
281.	Adaptation of existing enactments.
282.	Giving of notices under this Act.
283.	Saving of powers of Judges of the High Court and of Judges of the Circuit Court.
284.	Saver in respect of certain sections.

FIRST SCHEDULE.

Enactments repealed.

SECOND SCHEDULE.

Mental Hospital Districts.

THIRD SCHEDULE.

Rules relating to joint boards.

FOURTH SCHEDULE.

Acts within the meaning of which and for the purposes of which a joint board is a local authority.

FIFTH SCHEDULE.

Sections and sub-sections for which a penalty is provided by section 249.

Acts Referred to
Public Assistance Act, 1939	No. 27 of 1939
Local Government Act, 1941	No. 23 of 1941
County Management Act, 1940	No. 12 of 1940
Local Authorities (Officers and Employees) Act, 1926	No. 39 of 1926
Local Authorities (Combined Purchasing) Act, 1925	No. 20 of 1925
Local Authorities (Combined Purchasing) Act, 1939	No. 14 of 1939
Criminal Law Amendment Act, 1935	No. 6 of 1935
Local Authorities (Mutual Assurance) Act, 1926	No. 34 of 1926
Juries Act, 1927	No. 23 of 1927
Local Authorities (Mutual Assurance) Act, 1928	No. 21 of 1928
Local Authorities (Mutual Assurance) Act, 1935	No. 42 of 1935
Local Authorities (Miscellaneous Provisions) Act, 1936	No. 55 of 1936
Defence Forces (Temporary Provisions) Act, 1925	No. 4 of 1925
Local Government Act, 1925	No. 5 of 1925
Defence Forces (Temporary Provisions) Act, 1942	No. 3 of 1942

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Number 19 of 1945.

MENTAL TREATMENT ACT, 1945.

AN ACT TO PROVIDE FOR THE PREVENTION AND TREATMENT OF MENTAL DISORDERS AND THE CARE OF PERSONS SUFFERING THEREFROM AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd May, 1945].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Mental Treatment Act, 1945 Permanent Page URL

Mental Treatment Act, 1945

Permanent Page URL