Mental Treatment Act , 1945

Type Act

Publication 1945-05-22

State In force

Source Irish Statute Book

articles 284

(3) Where, in relation to an institution or premises which is not or are not a mental institution, there is a contravention of this section, the person carrying on the institution or premises shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

160 Register of patients in approved institution.

160.—There shall be kept, in respect of an approved institution, a register in the prescribed form in which the prescribed particulars in regard to every person received as a temporary patient and every person received as a voluntary patient in such institution shall be entered.

161 Regulations governing carrying on of approved institutions.

161.—(1) The Minister may make regulations—

(a) governing the carrying on of approved institutions with respect to persons received therein as temporary patients or voluntary patients,

(b) prescribing the medical staffs to be employed in approved institutions in the treatment of persons received therein as temporary patients or voluntary patients,

(c) prescribing records to be kept in approved institutions in relation to persons received therein as temporary patients or voluntary patients.

(2) Regulations under this section may relate to all approved institutions, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.

(3) Where, in relation to any approved institution, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the person carrying on the institution shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

PART XIV. Reception Orders.

Chapter I. Chargeable Patient Reception Orders.

162 Application for recommendation for reception.

162.—(1) Where it is desired to have a person received and detained as a person of unsound mind and as a chargeable patient in the district mental hospital for the mental hospital district in which he ordinarily resides, application in the prescribed form may be made to the authorised medical officer for a recommendation (in this Act referred to as a recommendation for reception) for the reception and detention of such person as a person of unsound mind in such district mental hospital.

(2) An application for a recommendation for reception may be made—

(a) by the husband or wife or a relative of the person to whom the application relates, or

(b) at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, or

(3) Where an application for a recommendation for reception is not made by the husband or wife or a relative of the person to whom the application relates or, at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.

(4) An application for a recommendation for reception shall not be made unless the applicant is at least twenty-one years of age and has, within fourteen days before making the application, seen the person to whom the application relates.

(5) An application for a recommendation for reception shall be accompanied by a statement of particulars relative to the person to whom the application relates in the prescribed form.

163 Making of recommendation for reception.

163.—(1) Where application is made for a recommendation for reception, the authorised medical officer shall within twenty-four hours after receipt of the application—

(a) visit and examine the person to whom the application relates, and

(b) after such examination, either—

(i) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, make the recommendation in the prescribed form, or

(ii) in any other case, refuse the application.

(2) The following provisions shall have effect in relation to a recommendation for reception:—

(a) the recommendation shall state the date of the examination by the authorised medical officer of the person to whom the recommendation relates and shall be signed on the date of such examination;

(b) the recommendation shall contain a certificate that such person is of unsound mind, is a proper person to be taken charge of and detained under care and treatment, and is unlikely to recover within six months from the date of such examination;

(c) the recommendation shall contain a statement of the facts upon which the authorised medical officer has formed his opinion that such person is a person of unsound mind, distinguishing facts observed by himself and facts communicated by others.

164 Disclosure of previous application for recommendation for reception.

164.—(1) Where, subsequent to the refusal of an application for a recommendation for reception, any further application for a recommendation for reception is made in relation to the same person, the applicant, so far as he is aware of the facts relating to the previous application and its refusal, shall state those facts to the authorised medical officer.

(2) Any person who fails to comply with the requirements of sub-section (1) of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

165 Removal to Gárda Síochána station of person believed to be of unsound mind and requiring control, etc.

165.—(1) Where a member of the Gárda Síochána is of opinion that it is necessary that a person believed to be of unsound mind should, for the public safety or the safety of the person himself, be placed forthwith under care and control, he may take the person into custody and remove him to a Gárda Síochána station.

(2) Where a member of the Gárda Síochána removes a person under this section, he shall apply forthwith in the prescribed form to the authorised medical officer for a recommendation (in this Act also referred to as a recommendation for reception) for the reception and detention of the person as a person of unsound mind in the district mental hospital for the mental hospital district in which the person ordinarily resides.

(3) Where application is made under this section to the authorised medical officer for a recommendation for reception, such officer shall forthwith examine the person to whom the application relates and shall thereupon either—

(a) if he is satisfied that it is proper to make the recommendation, make it in the prescribed form, or

(b) in any other case, refuse the application.

(4) Where a recommendation for reception is made under this section in relation to any person, the appropriate assistance officer shall be regarded as the applicant for the recommendation.

166 Person believed to be of unsound mind not under proper care, etc.

166.—(1) Where the appropriate assistance officer is informed or knows that a person believed to be of unsound mind is not under proper care or control or is neglected or cruelly treated by any relative or other person having the care or charge of him, such officer shall apply in the prescribed form to the authorised medical officer for a recommendation (in this Act also referred to as a recommendation for reception) for the reception and detention of the person believed to be of unsound mind as a person of unsound mind in the district mental hospital for the mental hospital district in which such person ordinarily resides.

(2) If the person to whom an application under this section relates is a person of no fixed residence and the appropriate assistance officer reports the matter to the member of the Gárda Síochána in charge of the Gárda Síochána station for the Gárda Síochána sub-district in which the person is for the time being, such member of the Gárda Síochána may take the person into custody and remove him to such Gárda Síochána station for the purpose of his examination by the authorised medical officer.

(3) Where an application is made under this section for a recommendation for reception, the authorised medical officer shall forthwith visit and examine the person to whom the application relates and shall thereupon either—

(a) if he is satisfied that it is proper to make the recommendation, make it in the prescribed form, or

(b) in any other case, refuse the application.

(4) Any person, who obstructs or impedes the authorised medical officer in the exercise of his powers under this section of visiting and examining any person or who obstructs or impedes the appropriate assistance officer in the removal of any person to a district mental hospital in pursuance of a recommendation for reception made under this section, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

167 Effect of recommendation for reception.

167.—(1) Where a recommendation for reception is made, the applicant for the recommendation or any person authorised by him or, in the case of a recommendation for reception made under section 165 of this Act, any member of the Gárda Síochána may, subject to the provisions of this section, take the person to whom the recommendation relates and convey him to the district mental hospital mentioned in the recommendation.

(2) Where, after the making of a recommendation for reception, the person to whom the recommendation relates is not conveyed to the district mental hospital mentioned in the recommendation within seven clear days after the day on which the recommendation is made, the recommendation shall cease to have effect.

(3) Notwithstanding anything contained in sub-section (2) of this section, where, within seven clear days after the day on which a recommendation for reception is made, the authorised medical officer certifies that the person to whom the recommendation relates will not be fit to be removed until after the expiration of such seven clear days, the recommendation shall not cease to have effect on the expiration of such seven clear days, but, if such person is not conveyed within a further seven clear days to the district mental hospital mentioned in the recommendation, the recommendation shall then cease to have effect.

168 Co-operation in removal upon making of recommendation for reception.

168.—The mental hospital authority maintaining the district mental hospital mentioned in a recommendation for reception may co-operate with the applicant for the recommendation, or with any relative or guardian of the person to whom the recommendation relates, in making arrangements for the removal of such person to the hospital.

169 Certificate by authorised medical officer making recommendation for reception that escort is necessary, etc.

169.—Where the authorised medical officer making a recommendation for reception certifies that the case is one in which an escort is required to ensure the safe conveyance of the person to whom the recommendation relates—

(a) the person to whom the certificate is issued may present it to the resident medical superintendent of the district mental hospital mentioned in the recommendation and thereupon the resident medical superintendent may, in his discretion, arrange for such escort as may be necessary,

(b) if the resident medical superintendent decides not to provide an escort, the person to whom the certificate is issued may present it to the member of the Gárda Síochána in charge of any Gárda Síochána station and thereupon that member shall arrange for such escort as may be necessary.

170 Payment of cost of conveyance upon making of recommendation for reception.

170.—(1) The appropriate assistance officer shall defray the reasonable expenses of the conveyance of the person to whom a recommendation for reception relates to the district mental hospital mentioned in the recommendation save where such person is conveyed thereto by a member of the Gárda Síochána.

(2) Expenses defrayed under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person conveyed.

171 Chargeable patient reception order.

171.—(1) Where a person is removed to a district mental hospital in pursuance of a recommendation for reception, the resident medical superintendent of the hospital or another medical officer of the hospital acting on his behalf shall, on the arrival of the person at the hospital and on presentation of the recommendation, examine the person, and shall thereupon either—

(a) if he is satisfied that the person is a person of unsound mind and is a proper person to be taken charge of and detained under care and treatment, forthwith make in the prescribed form an order (in this Act referred to as a chargeable patient reception order) for the reception and detention of the person as a person of unsound mind in the hospital, or

(b) in any other case, refuse to make such order.

(2) Where a chargeable patient reception order is made, the applicant for the recommendation for reception in consequence of which the order was made, shall, for the purposes of this Act, be regarded as the applicant for the order.

172 Effect of chargeable patient reception order.

172.—(1) Where a chargeable patient reception order is made, any of the persons mentioned in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until his removal or discharge by proper authority or his death and, in case of his escape, retake him within twenty-eight days thereafter and again detain him as aforesaid.

(2) The persons entitled to receive, take charge of, detain, and retake a person under this section shall be—

(a) the mental hospital authority maintaining the district mental hospital mentioned in the relevant chargeable patient reception order,

(b) the resident medical superintendent of such hospital,

173 Statement of reasons for refusal of chargeable patient reception order.

173.—(1) Where a resident medical superintendent or other medical officer of a district mental hospital refuses to make a chargeable patient reception order, he shall give to the applicant for the relevant recommendation for reception a statement in writing under his hand of the reasons for the refusal, shall send a copy of the statement to the Minister, and shall give the Minister all such additional information as the Minister may require as to the circumstances of the refusal.

(2) On a refusal to make a chargeable patient reception order, the Minister may communicate such facts relative to the refusal as he thinks proper to the person in relation to whom the order was sought or to any other bona fide inquirer.

174 Amendment of recommendation for reception or chargeable patient reception order.

174.—(1) Where a recommendation for reception is found, within twenty-one days after the reception of the person to whom the recommendation relates into the district mental hospital mentioned in the recommendation, to be in any respect incorrect or defective, the resident medical superintendent of the hospital may refer the recommendation to the person by whom it was made for amendment, and that person may, with the consent of the Minister, amend the recommendation within such twenty-one days.

(2) Where a chargeable patient reception order is found, within twenty-one days after the reception of the person to whom the order relates, to be in any respect incorrect or defective, the person by whom the order was made may, with the consent of the Minister, amend the order within such twenty-one days.

(3) Where, within twenty-one days after the reception of a person in a district mental hospital consequent upon a recommendation for reception, the Minister is satisfied that the recommendation for reception or the chargeable patient reception order in pursuance of which such person is detained is in any respect incorrect or defective, the Minister may, by notice in writing given to the resident medical superintendent of the hospital, require the recommendation or order to be amended under this section, and, if it is not so amended to the satisfaction of the Minister within such twenty-one days, the Minister may, if he so thinks fit, direct that such person shall be discharged and if the Minister so directs, such person shall be discharged accordingly.

(4) Where an amendment is made under this section in a recommendation for reception or in a chargeable patient reception order, the recommendation or order shall have effect as if the amendment had been contained in it when it was signed.

(5) Where, within twenty-one days after the reception of a person in a district mental hospital consequent upon a recommendation for reception, the recommendation or the chargeable patient reception order in pursuance of which such person is detained is found to be incorrect or defective, the resident medical superintendent of the hospital and the other persons mentioned in section 172 of this Act shall have in relation to such person the powers specified in that section during such twenty-one days.

175 Expenses of Gárda Síochána under Chapter I of Part XIV.

175.—(1) The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána under this Chapter of this Part of this Act in connection with the removal of a person for examination or in connection with the removal of a person to a district mental hospital:—

(a) such expenses shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas,

(b) such expenses shall be repaid to the Minister for Justice by the public assistance authority for the public assistance district in which the person ordinarily resides and, in default of being so repaid, shall be recoverable as a simple contract debt in any court of competent jurisdiction,

(c) any amount repaid or recovered as aforesaid shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2) Expenses repaid under this section by a public assistance authority shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by such authority as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person removed.

176 Cases of urgency, etc.

176.—Where—

(a) it is desired, in a case of urgency, to have a person received and detained as a person of unsound mind and as a chargeable patient in the district mental hospital for the mental hospital district in which he is for the time being, not being the mental hospital district in which he ordinarily resides, or

(b) it is desired, in a case where the mental hospital district in which a person ordinarily resides cannot be ascertained readily, to have such person received and detained as a person of unsound mind and as a chargeable patient in the district mental hospital for the mental hospital district in which he is for the time being,

this Chapter of this Part of this Act shall, without prejudice to section 108 of this Act, be applicable for the purpose of having such person so received and detained in like manner as if he ordinarily resided in the mental hospital district and the dispensary district in which he is for the time being.

Chapter II. Private Patient Reception Orders.

177 Application for private patient reception order.

177.—(1) Where it is desired to have a person received and detained as a person of unsound mind in a private institution, an authorised institution, or a private charitable institution, application may be made in the prescribed form to a registered medical practitioner for an order (in this Act referred to as a private patient reception order) to have such person received and detained as a person of unsound mind in such institution.

(2) Where it is desired to have a person received and detained as a person of unsound mind and as a private patient in a district mental hospital, application may be made in the prescribed form to a registered medical practitioner for an order (in this Act also referred to as a private patient reception order) to have such patient received and detained as a person of unsound mind in such hospital.

(3) An application for a private patient reception order may be made—

(a) by the husband or wife or a relative of the person to whom the application relates, or

(b) subject to the provisions of the next following sub-section, by any other person.

(4) Where an application for a private patient reception order is not made by the husband or wife or a relative of the person to whom the application relates, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with such person, and of the circumstances in which the application is made.

(5) An application for a private patient reception order shall not be made unless the applicant is at least twenty-one years of age and has, within fourteen days before making the application, seen the person to whom the application relates.

(6) An application for a private patient reception order shall be accompanied by a statement of particulars relative to the person to whom the application relates in the prescribed form.

178 Making of private patient reception order.

178.—(1) A registered medical practitioner who accepts an application made to him for a private patient reception order shall arrange with another registered medical practitioner for two separate examinations, one by himself and the other by such other practitioner, of the person to whom the application relates and, after such examinations, the practitioners shall either—

(a) if they are each separately satisfied that it is proper to make the order, forthwith make it in the prescribed form, or

(b) in any other case, refuse to make the order.

(2) The following provisions shall have effect in relation to a private patient reception order:—

(a) the order shall not be signed by the applicant for the order or by the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of the applicant for the order, or of the person to whom the order relates;

(b) the order shall state the date or dates of the medical examination under this section of the person to whom the order relates;

(c) the order shall certify that the person to whom the application relates is of unsound mind, is a proper person to be taken charge of and detained under care and treatment, and is unlikely to recover within six months from the date of the order;

(d) the order shall state the facts upon which the registered medical practitioners signing, the order have formed the opinion that the person to whom the order relates is of unsound mind, distinguishing facts observed personally and facts communicated by others;

(e) the order shall not be made after the seventh day after the day on which it is applied for.

179 Restriction on receptions under private patient reception orders.

179.—(1) No person shall be received under a private patient reception order as a person of unsound mind in a mental institution if the order has been made by or on the application of any of the following persons:—

(a) a member of the governing body of or the person carrying on or in charge of the institution;

(b) any person interested in the payments (if any) to be made on account of the taking care of the person proposed to be received;

(d) the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of any of the persons mentioned in the foregoing paragraphs of this sub-section.

(2) In paragraph (a) of sub-section (1) of this section, the reference to a member of the governing body of an institution does not include a reference to a member of a mental hospital authority.

180 Disclosure of previous application for private patient reception order.

180.—(1) Where, subsequent to the refusal of an application for a private patient reception order, any further application for a private patient reception order is made in relation to the same person, the applicant, so far as he is aware of the facts relating to the previous application and its refusal, shall state those facts to the registered medical practitioner to whom he makes the application.

181 Effect of private patient reception order.

181.—(1) Where a private patient reception order is made, the following provisions shall, subject to the provisions of this section, have effect:—

(a) the applicant for the order or any person authorised by him may take the person to whom the order relates and convey him to the mental institution mentioned in the order;

(b) any of the persons specified in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until his removal or discharge by proper authority or his death and, in case of his escape, retake him within twenty-eight days thereafter and again detain him as aforesaid.

(2) The persons entitled to receive, take charge of, detain, and retake a person under this section shall be the person carrying on the mental institution mentioned in the relevant private patient reception order and his officers, assistants, and servants and any medical officer of such institution.

(3) Where, after the making of a private patient reception order, the person to whom the order relates is not conveyed to the mental institution mentioned in the order within seven clear days after the day on which the order is made, the order shall cease to have effect.

(4) Notwithstanding anything contained in sub-section (3) of this section, where, within seven clear days after the day on which a private patient reception order is made, the registered medical practitioner to whom the application for the order was made, or, in his absence or incapacity, some other registered medical practitioner, certifies that the person to whom the order relates will not be fit to be removed until after the expiration of such seven clear days, the order shall not cease to have effect on the expiration of such seven clear days, but, if such person is not conveyed within a further seven clear days to the mental institution mentioned in the order, the order shall then cease to have effect.

182 Amendment of private patient reception order.

182.—(1) Where a private patient reception order is found, within twenty-one days after the reception of the person to whom the order relates, to be in any respect incorrect or defective, the registered medical practitioners by whom the order was made may, with the consent of the Minister, amend the order within such twenty-one days.

(2) Where, within twenty-one days after a private patient reception order is made, the Minister is satisfied that the order is in any respect incorrect or defective, the Minister may, by notice in writing given to the person in charge of the relevant mental institution, require the order to be amended under this section, and, if the order is not so amended to the satisfaction of the Minister within such twenty-one days, the Minister may, if he so thinks fit, direct that the person to whom the order relates shall be discharged and, if the Minister so directs, such person shall be discharged accordingly.

(3) Where an amendment is made under this section in a private patient reception order, the order shall have effect as if the amendment had been contained in it when it was signed.

(4) Where, within twenty-one days after a reception in a mental institution in pursuance of a private patient reception order, the order is found to be incorrect or defective, the person carrying on the institution and the other persons mentioned in sub-section (2) of section 181 of this Act shall have in relation to the person to whom the order relates the powers specified in sub-section (1) of that section during such twenty-one days.

183 Certificate by registered medical practitioners making private-patient reception order that escort is necessary, etc.

183.—(1) Where the registered medical practitioners making a private patient reception order certify that the case is one in which an escort is required to ensure the safe conveyance of the person to whom the order relates, the person to whom the certificate is issued may present it to the member of the Gárda Síochána in charge of any Gárda Síochána station and thereupon that member shall arrange for such escort as may be necessary.

(2) The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána in providing an escort under this section:—

(a) such expenses shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas,

(b) such expenses shall be repaid to the Minister for Justice by the applicant for the escort and, in default of being so repaid, shall be recoverable as a simple contract debt in any court of competent jurisdiction,

(c) any amount so repaid or recovered shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

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

184 Application for and making of temporary chargeable patient reception order.

184.—(1) Where it is desired to have a person received and detained as a temporary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which temporary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, application may be made in the prescribed form to the person in charge of such institution for an order (in this Act referred to as a temporary chargeable patient reception order) to have such person received and detained as a temporary patient and as a chargeable patient in such institution.

(2) An application under this section may be made—

(a) by the husband or wife or a relative of the person to whom the application relates, or

(b) at the request of the husband or wife or a relative of the person to whom the application relates, by the appropriate assistance officer, or

(3) Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates or, at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.

(4) An application under this section shall be accompanied by a certificate in the prescribed form of the authorised medical officer certifying that he has examined the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either—

(a) that such person—

(i) is suffering from mental illness, and

(ii) requires, for his recovery, not more than six months suitable treatment, and

(iii) is unfit on account of his mental state for treatment as a voluntary patient, or

(b) that such person—

(i) is an addict, and

(ii) requires, for his recovery, at least six months' preventive and curative treatment.

(5) After consideration of an application for a temporary chargeable patient reception order and of the certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form.

185 Application for and making of temporary private patient reception order.

185.—(1) Where it is desired to have a person received and detained in an approved institution as a temporary patient and as a private patient, application may be made in the prescribed form to the person in charge of the institution for an order (in this Act referred to as a temporary private patient reception order) to have such person received and detained as a temporary patient and as a private patient in such institution.

(2) An application under this section may be made—

(a) by the husband or wife or a relative of the person to whom the application relates, or

(b) subject to the provisions of the next following sub-section, by any other person.

(3) Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.

(4) An application under this section shall be accompanied by a certificate in the prescribed form signed by two registered medical practitioners certifying that each of them has examined separately the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either—

(a) that such person—

(i) is suffering from mental illness, and

(ii) requires, for his recovery, not more than six months' suitable treatment, and

(iii) is unfit on account of his mental state for treatment as a voluntary patient, or

(b) that such person—

(i) is an addict, and

(ii) requires, for his recovery, at least six months' preventive and curative treatment.

(5) A certificate under the next preceding sub-section shall not be given by a registered medical practitioner who is—

(a) the person in charge of the approved institution in which the person in respect of whom the certificate is given is to be received, or

(b) a person in the employment of the person in charge of such institution, or

(6) After consideration of an application for a temporary private patient reception order and of the medical certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form.

186 Effect of temporary chargeable patient reception order or temporary private patient reception order.

186.—(1) Where a temporary chargeable patient reception order or a temporary private patient reception order is made, the following provisions shall have effect:—

(a) the applicant for the order or any person authorised by him may, not later than seven days after the date on which the order is made, take the person to whom the order relates and convey him to the approved institution mentioned in the order;

(b) any of the persons specified in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until the expiration of a period of six months from the date on which the order is made or his earlier removal or discharge by proper authority or death and, in case of his escape, retake him within twenty-eight days thereafter (but not after the expiration of the said period of six months) and complete the detention aforesaid.

(2) The persons entitled to receive, take charge of, and retake a person under this section shall be the person in charge of the approved institution mentioned in the relevant reception order and his officers, assistants, and servants and any medical officer of such institution.

187 Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.

187.—(1) The appropriate assistance officer shall defray the reasonable expenses of the conveyance of the person to whom a temporary chargeable patient reception order relates to the approved institution mentioned in the order.

188 Co-operation in removal upon making of temporary chargeable patient reception order.

188.—The mental hospital authority maintaining a district mental hospital mentioned in a temporary chargeable patient reception order may co-operate with the applicant for the order, or with any relative or guardian of the person to whom the order relates, in making arrangements for the removal of such person to the hospital.

189 Extension of period of detention of temporary patient.

189.—(1) Where the chief medical officer of an approved institution becomes of opinion that a person detained in the institution under a temporary chargeable patient reception order or a temporary private patient reception order will not have recovered on the expiration of the period during which, pursuant to paragraph (b) of sub-section (1) of section 186 of this Act, he may be detained—

(a) the person in charge of the institution may request the Minister to extend the said period,

(b) where such request is made, the Minister, if he so thinks fit, may by order extend the said period by a further period not exceeding six months or by a series of orders extend it by further periods none of which shall exceed six months and the aggregate of which shall not exceed eighteen months,

(c) where the Minister makes any such order or orders, paragraph (b) of sub-section (1) of section 186 of this Act shall have effect subject to the extension of the said period effected by such order or orders.

(2) In sub-section (1) of this section, the reference to a chief medical officer shall, where the relevant approved institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person detained.

PART XV. Reception of Persons into Approved Institutions as Voluntary Patients.

190 Application for reception as voluntary patient and as chargeable patient.

190.—(1) Where it is desired to have a person received as a voluntary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which voluntary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, the appropriate applicant may make application in that behalf in the prescribed form to the person in charge of such institution.

(2) In sub-section (1) of this section, the expression “the appropriate applicant” means—

(a) where the person whose reception is sought is less than sixteen years of age—the parent or guardian of such person,

(b) in any other case—such person himself.

(3) An application under this section shall be accompanied by a recommendation by the authorised medical officer stating that such officer has examined the person whose reception is sought on a specified date not earlier than seven days before the date of the application and is of opinion that he will benefit by the proposed reception.

191 Application for reception as voluntary patient and as private patient.

191.—(1) Where it is desired to have a person received as a voluntary patient and as a private patient in an approved institution, the appropriate applicant may make written application in that behalf to the person in charge of the institution.

(2) In sub-section (1) of this section, the expression “the appropriate applicant” means—

(a) where the person whose reception is sought is less than sixteen years of age—the parent or guardian of such person,

(b) in any other case—such person himself.

(3) An application under this section shall be accompanied by a recommendation of a registered medical practitioner stating that such practitioner has examined the person whose reception is sought on a specified date not earlier than seven days before the date of the application and is of opinion that he will benefit by the proposed reception.

192 Reception and treatment of voluntary patient.

192.—Where an application is duly made under this Part of this Act for the reception of a person in an approved institution as a voluntary patient, such person may, if there is accommodation for him in the institution not required for a person of unsound mind, be received in the institution as a voluntary patient and may be treated therein and, on his recovery, may be discharged.

193 Payment of cost of conveyance of voluntary patient receivable as chargeable patient.

193.—(1) Where a person to be received under this Part of this Act in an approved institution will be received as a chargeable patient, the appropriate assistance officer shall defray the reasonable expenses of the conveyance of such person to the institution.

194 Notice by voluntary patient that he wishes to leave approved institution.

194.—(1) A person not less than sixteen years of age who is being treated in an approved institution as a voluntary patient may give written notice that he wishes to leave the institution not earlier than seventy-two hours from the giving of the notice, and he shall be entitled and shall be allowed to leave the institution on or at any time after the expiration of the said seventy-two hours.

(2) The parent or guardian of a person less than sixteen years of age who is being treated in an approved institution as a voluntary patient may give written notice that he wishes to remove such person from the institution, and shall be entitled and shall be allowed to remove such person from the institution at any time after he gives such notice.

(3) A notice under this section shall be given to the person in charge of the relevant institution.

195 Voluntary patient becoming mentally incapable of expressing wishes.

195.—Where a person who is being treated in an approved institution as a voluntary patient becomes mentally incapable of expressing himself as willing or not willing to remain in the institution, he shall be discharged from the institution into the custody of such person as the person in charge of the institution approves of not later than twenty-eight days after becoming so incapable unless he sooner becomes capable of expressing himself as aforesaid or a reception order relating to him is obtained.

196 Voluntary patient under 16 years of age ceasing to have parent or guardian.

196.—Where a person less than sixteen years of age who is being treated in an approved institution as a voluntary patient ceases to have a parent or guardian or the parent or guardian is incapable of performing or refuses or neglects to perform his duties as such, the person in charge of the institution shall send to the Minister a report on the circumstances of the case and shall carry out all such directions as the Minister may think fit to give consequent upon such report.

197 Notice of reception, departure, or death of voluntary patient.

197.—(1) Not later than three clear days after the reception of a person in an approved institution as a voluntary patient, notice in the prescribed form of the reception shall be given to the Minister.

(2) Not later than three clear days after the departure from an approved institution of a person who was being treated therein as a voluntary patient, notice in the prescribed form of the departure shall be given to the Minister.

(3) Not later than three clear days after the death in an approved institution of a person who was being treated therein as a voluntary patient, notice of the death shall be given to the Minister.

198 Register of voluntary patients.

198.—The Minister shall keep a register of persons received in approved institutions as voluntary patients and shall enter in that register the prescribed particulars in regard to each such person.

PART XVI. Persons Detained Under Reception Orders.

199 Giving of copy of reception order to Minister.

199.—(1) Where a person is received into a mental institution and detained, a copy of the reception order relating to him and of the documents accompanying such order shall, not later than three clear days after the reception, be given to the Minister.

(2) Where the Minister, after a reception of a person into a mental institution under a private patient reception order receives the documents required to be given to him under this section, he shall notify the Registrar of Wards of Court and, if so requested by the Registrar, give to him copies of such documents.

200 Register of persons received into mental institutions under reception orders.

200.—(1) The Minister shall retain all copies given to him under the next preceding section and shall enter therefrom in a register to be kept by him the name of each person appearing to have been received into a mental institution and such particulars of the reception order and the documents accompanying that order as may be prescribed.

(2) Any person may apply to the Minister for information as to whether particulars regarding any particular person have been entered in the register kept under this section and the Minister, if he considers that the application is reasonable, shall cause an examination to be made of such register.

(3) Where it appears that a person in respect of whom an application is made under sub-section (2) of this section is detained under a reception order, the Minister shall give to the applicant (if the Minister is satisfied that he is a proper person to receive the information) the name of the person in charge of the institution mentioned in the reception order, its situation, and, if the Minister so thinks fit, a copy of the reception order and of any document which accompanied the reception order.

201 Report to Minister on expiration of twenty-one days after reception under reception order.

201.—(1) The chief medical officer of a mental institution shall, upon the expiration of twenty-one days after a reception under a reception order into the institution, prepare and give to the Minister a report in the prescribed form on the mental and bodily condition of the person received.

(2) In sub-section (1) of this section the reference to a chief medical officer shall, where the relevant mental institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person received.

(3) If any medical officer or medical attendant fails to comply with any requirement imposed on him by this section, he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds.

202 Notice to the Minister of escape, etc.

202.—(1) Where a person detained in a mental institution escapes or is moved or discharged therefrom or dies, written notice of the escape, removal, discharge, or death shall, within three days thereafter, be given to the Minister and such notice shall be in the prescribed form and contain the prescribed particulars.

(2) Where a person who has been detained in a mental institution and has escaped or been moved therefrom is again received into or is brought back to the institution, written notice of the reception or bringing back of the person shall, within three days thereafter, be given to the Minister, and such notice shall be in the prescribed form and contain the prescribed particulars.

(3) Where the Minister receives a notice under this section in relation to a person detained under a private patient reception order, he shall notify the Registrar of Wards of Court and, if so requested by the Registrar, give to him a copy of the notice under this section

(4) The Minister shall retain every notice given to him under this section and shall enter the prescribed particulars in regard to such notice in the register kept under this Part of this Act.

203 Absence on trial.

203.—(1) A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, may permit a person detained in such hospital or any other institution maintained by them to be absent from such hospital or other institution upon trial for any period not exceeding thirty days, and may extend that period for a further period not exceeding thirty days or for two or more such periods not exceeding in the aggregate ninety days.

(2) The Inspector of Mental Hospitals may permit a person detained in a mental institution, not being an institution maintained by a mental hospital authority, to be absent from such institution on trial for any period not exceeding thirty days, and may extend that period for a further period not exceeding thirty days or for two or more such periods not exceeding in the aggregate ninety days.

(3) Where a person absent on trial under this section does not return on the expiration of the period or the extended period during which he is permitted to be absent and a certificate of a registered medical practitioner certifying that his detention is no longer necessary is not furnished to the person in charge of the relevant mental institution, he may at any time within twenty-eight days after the expiration of such period or extended period be retaken in like manner as if he had escaped from such institution.

(4) In the case of a person detained as a chargeable patient who is absent on trial under this section from a district mental hospital or other institution maintained by a mental hospital authority, the authority may direct the payment in respect of such person during the period of his absence on trial of an allowance not exceeding the average cost of maintenance during that period of a chargeable patient in such hospital or other institution, and the allowance shall be charged for such person and be payable as if he were in such hospital or other institution, but shall be paid to him or for his benefit as the authority may direct.

204 Absence on parole.

204.—(1) The chief medical officer of a mental institution may permit a person detained in such institution who is not dangerous to himself or others to be absent from such institution on parole for any period not exceeding forty-eight hours.

(3) Where a person absent on parole under this section from a mental institution does not return on the expiration of the period during which he is permitted to be absent, he may at any time within twenty-eight days after the expiration of such period be retaken in like manner as if he had escaped from such institution.

205 Transfer by mental hospital authority to another institution maintained by them.

205.—A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, may—

(a) transfer a patient detained in such hospital to any other institution maintained by them, and

(b) transfer a patient detained in an institution (other than such hospital) maintained by them to such hospital or to any other institution maintained by them.

206 Transfer to different district mental hospital.

206.—(1) Where a mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, are of opinion that it would be for the benefit of the health of a person detained in such hospital or in any other institution maintained by them, or that it is necessary for the purpose of obtaining special treatment for such person, that he should be temporarily transferred to another district mental hospital in which he may be received in pursuance of an arrangement under this section, the authority may apply to the Minister for an order directing and authorising the transfer and the Minister may, if he thinks fit, make the order and may, at any time thereafter on the request of the authority acting as aforesaid, by order direct and authorise the return of such person to the hospital or other institution from which he was transferred.

(2) Subject to the provisions of sub-section (1) of this section, any two mental hospital authorities may make and carry out an arrangement for the purposes of that sub-section.

207 Transfer to Dundrum Central Criminal Lunatic Asylum.

207.—(1) Where—

(a) a person detained in a district mental hospital or other institution maintained by a mental hospital authority is charged with an indictable offence before a justice of the District Court sitting in such district mental hospital or other institution, and

(b) evidence is given which, in the opinion of the justice, constitutes prima facie evidence—

(i) that such person has committed the offence, and

(ii) that he would, if placed on trial, be unfit to plead,

the justice shall by order certify that such person is suitable for transfer to the Dundrum Central Criminal Lunatic Asylum and shall cause copies of such order to be sent to the Minister and to the person in charge of such district mental hospital or other institution.

(2) Where an order is made under sub-section (1) of this section in relation to a person detained in a district mental hospital or other institution—

(a) such person shall be retained in such district mental hospital or other institution and his detention therein shall be continued subject to any order which may be made under this sub-section,

(b) the Minister shall require the Inspector of Mental Hospitals to visit such person and to make a report on his mental condition to the Minister,

(c) after consideration of the report of the Inspector of Mental Hospitals, the Minister may, if he so thinks fit, by order direct and authorise the transfer of such person to the Dundrum Central Criminal Lunatic Asylum.

(3) The Minister may by order direct and authorise the sending back of a person transferred under an order made under sub-section (2) of this section to the district mental hospital or other institution from which he was transferred.

(4) Where the resident governor and physician of the Dundrum Central Criminal Lunatic Asylum and the Inspector of Mental Hospitals agree and certify that a person transferred under an order made under sub-section (2) of this section has ceased to be of unsound mind, the said governor and physician shall discharge such person and, where necessary, pay to him the expenses of his travelling to his home.

208 Removal for special treatment.

208.—(1) Where a mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, are of opinion that a person detained in such hospital or in any other institution maintained by them requires treatment (including surgical treatment) not available save pursuant to this section, the authority may direct and authorise the removal of such person to any hospital or other place where the treatment is obtainable and in which he may be received in pursuance of an arrangement under this section.

(2) Subject to the provisions of sub-section (1) of this section, a mental hospital authority and the controlling authority of any hospital or other place where treatment is obtainable may make and carry out an arrangement for the purposes of that sub-section.

(3) Where the medical attendant of a person detained in a mental institution not maintained by a mental hospital authority is of opinion that such person requires treatment (including surgical treatment) not available save pursuant to this section, he may direct and authorise the removal of such person to any hospital or other place where the treatment is obtainable and in which it has been agreed to receive him.

(4) Where a person is removed under this section from a mental institution, a report containing full particulars of the removal shall be given to the Minister not later than three days after the removal.

(5) A person removed under this section to a hospital or other place may be kept there so long as is necessary for the purpose of his treatment and shall then be taken back to the place from which he was removed unless it is certified by a registered medical practitioner that his detention is no longer necessary.

209 Boarding-out.

209.—(1) A mental hospital authority may make and carry out an arrangement for the boarding-out in a private dwelling (whether within or outside their mental hospital district) of any person detained as a chargeable patient in their district mental hospital or any other institution maintained by them.

(2) A mental hospital authority may, with the consent of the applicant for the relevant reception order, make and carry out an arrangement for the boarding-out in a private dwelling (whether within or outside their mental hospital district) of any person detained as a private patient in their district mental hospital or any other institution maintained by them.

(3) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be boarded-out under this section save where the following conditions are complied with:—

(a) that the boarding-out of the person is recommended by the resident medical superintendent of such hospital,

(b) that the person is certified by the resident medical superintendent not to require treatment in an institution and not to be dangerous to himself or others,

(c) that the mental hospital authority are satisfied that the person will be comfortably housed, sufficiently fed and clothed, and otherwise suitably provided for,

(d) that the mental hospital authority are satisfied that the person in charge of the proposed dwelling is trustworthy and will carry out the directions given to him in relation to the person boarded-out,

(e) that no other person is boarded-out under this section in the same dwelling.

(4) A mental hospital authority may, subject to any regulations which the Minister may think fit to make in that behalf, appoint a committee or committees to visit patients boarded-out by the authority under this section and to report to the authority on the condition of such patients and of the dwellings in which they are boarded-out.

210 Provisions applicable where chargeable patient is boarded-out.

210.—(1) Where a person (in this sub-section referred to as the patient) detained as a chargeable patient is boarded-out under section 209 of this Act in any dwelling by a mental hospital authority, the following provisions shall have effect:—

(a) the mental hospital authority shall inform the Minister of the boarding-out of the patient,

(b) the appropriate assistance officer shall visit the patient from time to time and not less often than once in every three months,

(c) the resident medical superintendent of the district mental hospital of the mental hospital authority or another medical officer of such hospital shall visit the patient from time to time and not less often than twice in each year or, if the Minister directs that he shall be visited more frequently, not less often than may be appropriate in accordance with the direction,

(d) Whenever the patient is visited pursuant to paragraph (b) or (c) of this sub-section, the person making the visit shall enter a report of the visit in a book which the person in charge of the dwelling shall keep and shall produce for the purpose of such entry being made,

(e) the appropriate assistance officer or the resident medical superintendent, on being required by the mental hospital authority to furnish any information in relation to the patient or the dwelling, shall give such information,

(f) the appropriate assistance officer or the resident medical superintendent, if he is not satisfied with the condition of the patient or the dwelling or if he considers it necessary to make any recommendation in relation to the patient, shall make a special report on the case to the mental hospital authority,

(g) if the patient becomes at any time in need of medical aid, the person in charge of the dwelling shall—

(i) report the matter to the appropriate assistance officer or, in a case of urgency, call on the services of the medical officer of the dispensary district in which the dwelling is situated or, if that officer is not available, of any other registered medical practitioner, and

(ii) report the matter to the resident medical superintendent and include in such report the name of the medical officer or other registered medical practitioner (if any) whose services have been called on,

(h) if the patient is ill and there is, in the opinion of a medical practitioner attending the patient, anything unusual in the illness calling for the attention of the resident medical superintendent, the practitioner shall report the illness to the resident medical superintendent,

(i) the mental hospital authority may at any time remove the patient to any institution maintained by them or to a different private dwelling, and, if the patient becomes dangerous to himself or others, it shall be the duty of the mental hospital authority to remove him forthwith to an institution maintained by them,

(j) where the mental hospital authority remove the patient pursuant to paragraph (i) of this sub-section, they shall inform the Minister of the removal,

(k) the mental hospital authority may, on the recommendation of the resident medical superintendent, discharge the patient if he ceases to be of unsound mind,

(l) if the patient is discharged, the resident medical superintendent shall, not later than seven days after the discharge, inform the Minister thereof,

(m) if the patient dies, the person in charge of the dwelling shall forthwith report the death to the resident medical superintendent,

(n) on receipt of a report of the death of the patient, the resident medical superintendent shall inform the Minister of the death,

(o) the payment to be made by the mental hospital authority in respect of the maintenance, clothing, and care of the patient while boarded-out shall be determined by the mental hospital authority, but shall not exceed such amount as may be approved of by the Minister,

(p) the Inspector of Mental Hospitals may at any time visit the patient or inspect the dwelling and the person in charge of the dwelling shall give the Inspector all reasonable facilities for carrying out such visit or inspection, and shall also produce the book kept by him for the purposes of paragraph (d) of this sub-section for inspection by the Inspector.

(2) If any person required to do any act by sub-section (1) of this section fails to do such act, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

211 Provisions applicable where private patient is boarded-out.

211.—(1) Where a person (in this sub-section referred to as the patient) detained as a private patient is boarded-out under section 209 of this Act in any dwelling by a mental hospital authority, the following provisions shall have effect:—

(a) the mental hospital authority shall inform the Minister of the boarding-out of the patient,

(b) the resident medical superintendent of the district mental hospital of the mental hospital authority or another medical officer of such hospital shall visit the patient from time to time and not less often than once in every three months or, if the Minister directs that he shall be visited more frequently, not less often than may be appropriate in accordance with the direction,

(c) whenever the patient is visited pursuant to paragraph (b) of this sub-section, the person making the visit shall enter a report of the visit in a book which the person in charge of the dwelling shall keep and shall produce for the purpose of such entry being made,

(d) the resident medical superintendent, on being required by the mental hospital authority to furnish any information in relation to the patient or the dwelling, shall give such information,

(e) the resident medical superintendent, if he is not satisfied with the condition of the patient or the dwelling or if he considers it necessary to make any recommendation in relation to the patient, shall make a special report on the case to the mental hospital authority,

(f) if the patient becomes at any time in need of medical aid, the person in charge of the dwelling shall either—

(i) report the matter to the resident medical superintendent, or

(ii) in a case of urgency, call on the services of any registered medical practitioner and report to the resident medical superintendent the name of such practitioner and the fact that his services have been called on,

(g) if the patient is ill and there is, in the opinion of a medical practitioner attending the patient, anything unusual in the illness calling for the, attention of the resident medical superintendent, the practitioner shall report the illness to the resident medical superintendent,

(h) the mental hospital authority may at any time remove the patient to any institution maintained by them or to a different private dwelling, and, if the patient becomes dangerous to himself or others, it shall be the duty of the mental hospital authority to remove him forthwith to an institution maintained by them,

(i) where the mental hospital authority remove the patient pursuant to paragraph (h) of this sub-section, they shall inform the Minister of the removal,

(j) the mental hospital authority may, on the recommendation of the resident medical superintendent, discharge the patient if he ceases to be of unsound mind,

(k) if the patient is discharged, the resident medical superintendent shall, not later than seven days after the discharge, inform the Minister thereof,

(l) if the patient dies, the person in charge of the dwelling shall forthwith report the death to the resident medical superintendent,

(m) on receipt of a report of the death of the patient, the resident medical superintendent shall inform the Minister of the death,

(n) the Inspector of Mental Hospitals may at any time visit the patient or inspect the dwelling and the person in charge of the dwelling shall give the Inspector all reasonable facilities for carrying out such visit or inspection, and shall also produce the book kept by him for the purposes of paragraph (c) of this sub-section for inspection by the Inspector.

212 Arrangement for maintenance.

212.—(1) A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital and subject to the consent of the Minister, may make and carry out an arrangement for the maintenance, in any mental institution approved of by the Minister for that purpose and for such period as they think proper, of any person detained in such hospital or in any other institution maintained by them.

(2) Where a mental hospital authority have arranged under this section for the maintenance of any person, they shall inform the Minister of the commencement of the maintenance.

(3) Where a person detained as a chargeable patient is maintained in pursuance of this section, the contribution to be made by the mental hospital authority who arranged the maintenance towards the cost thereof shall be a sum which shall not, without the consent of the Minister, exceed the average cost of maintenance of a chargeable patient in the district mental hospital of such authority calculated in the prescribed manner.

213 Transfer from mental institution not maintained by mental hospital authority.

213.—(1) The person carrying on a mental institution not maintained by a mental hospital authority may, with the consent of the Minister, transfer for the benefit of his health a person detained in the institution to any particular place for any particular period, and may from time to time, with the like consent, change such place and extend such period.

(2) The person carrying on a mental institution not maintained by a mental hospital authority may apply to the Minister for an order authorising the transfer of a person detained in the institution under a reception order to another mental institution, and thereupon the Minister, if he so thinks fit, may by order authorise such transfer.

(3) Before the Minister gives a consent under sub-section (1) of this section or makes an order under sub-section (2) of this section, there shall be produced to him an approval in writing of the proposed transfer, signed by the applicant for the reception order relating to the person proposed to be transferred, unless, for due cause shown, the Minister dispenses with the production of such approval.

214 Transfer on application of applicant for reception order.

214.—Where the person who applied for the reception order under which a person is detained in a mental institution applies to the Minister for an order authorising the transfer of the person detained to another mental institution, the Minister, if he so thinks fit, may by order authorise such transfer.

215 Discharge of person detained as private patient on direction.

215.—(1) A person detained in a mental institution as a private patient shall be discharged on the written direction of the person by whom the last payment on account of the person detained was made.

(2) If the person empowered by sub-section (1) of this section to give a direction is not available, the direction may be given by the husband or wife of the person detained, or if there is no husband or wife or the husband or wife is not available, by the father of the person detained, or if there is no father or he is not available, by the mother of the person detained, or if there is no mother or she is not available, by any of the nearest of kin of the person detained.

(3) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be discharged under this section save with approval of the authority.

216 Person detained becoming desirous of being received as voluntary patient.

216.—(1) Where—

(a) a person who is detained under a reception order in a district mental hospital or other institution maintained by a mental hospital authority becomes capable of expressing himself, and does express himself, as desirous of being received as a voluntary patient in an approved institution, and

(b) both the mental hospital authority and the resident medical superintendent approve of that course being adopted, and

the person detained shall be discharged from such hospital or other institution for the purpose of being received as a voluntary patient in an approved institution.

(2) The recommendation referred to in sub-section (3) of section 190 of this Act shall, in the case of an application made in pursuance of sub-section (1) of this section in relation to a person detained in an institution and who does not ordinarily reside in the dispensary district in which the institution is situate, be made by the authorised medical officer who would be appropriate to make the recommendation if such person were ordinarily resident in that dispensary district.

(3) Where—

(a) a person who is detained under a reception order in a private institution, a private charitable institution, or an authorised institution becomes capable of expressing himself, and does express himself, as desirous of being received as a voluntary patient in an approved institution, and

(b) both the person in charge of the institution and the chief medical officer of the institution approve of that course being adopted, and

the person detained shall be discharged from such institution for the purpose of being received as a voluntary patient in an approved institution.

(4) In sub-section (3) of this section, the reference to the chief medical officer of a private institution shall, where the institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person received.

217 Notice of recovery of person detained as private patient.

217.—(1) Where the person in charge of a mental institution is satisfied that a person detained therein as a private patient has recovered, he shall give notice to that effect to the person by whom the last payment on account of the person detained was made, and the notice shall contain an intimation that, unless the person detained is removed before a specified date not earlier than seven days after the date on which the notice is given, he will be discharged.

(2) If a person in respect of whom a notice under this section is given is not removed from the institution in which he is detained before the date specified in that behalf in the notice, he shall forthwith be discharged.

(3) A notice under this section in relation to a person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be given save with the approval of the authority.

218 Notice of recovery of person detained as chargeable patient.

218.—(1) Where the person in charge of a district mental hospital or other institution maintained by a mental hospital authority is satisfied that a person detained therein as a chargeable patient has recovered, he shall give notice to that effect to such relative (if aware of any) of the person detained as he thinks proper, and the notice shall contain an intimation that, unless the person detained is removed before a specified date not earlier than seven days after the date on which the notice is given, he will be discharged.

(4) Where, consequent upon a notice under this section, a person detained in a district mental hospital or other institution maintained by a mental hospital authority is removed or discharged, the authority may, if they so think proper, pay to or in respect of him such sum as they consider reasonable towards his travelling expenses on his journey to his home.

219 Discharge of person detained as chargeable patient where no relative known.

219.—(1) Where the person in charge of a district mental hospital or other institution maintained by a mental hospital authority is satisfied that a person detained therein as a chargeable patient has recovered, but such person in charge is not aware of any relative of the person detained to whom notice might be given under section 218 of this Act, the person detained shall be discharged.

(2) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be discharged under this section save with the approval of the authority.

(3) Where a person detained in a district mental hospital or other institution maintained by a mental hospital authority is discharged under this section, the authority may, if they so think proper, pay to or in respect of him such sum as they consider reasonable towards his travelling expenses on his journey to his home.

220 Application by relative or friend of person detained as chargeable patient to take care of such person.

220.—(1) Any relative or friend of a person detained as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority may apply to the person in charge of the institution to allow him to take care of the person detained and, upon such application, the person in charge of the institution may, if he so thinks fit and provided that he is satisfied that the person detained will be properly taken care of, discharge the person detained.

(2) A person detained in a district mental hospital or other institution maintained by a mental hospital authority shall not be discharged under this section save with the approval of the authority.

221 Certificate that person proposed to be discharged is unfit therefor.

221.—(1) Notwithstanding anything contained in this Part of this Act, a person detained in a mental institution shall, save where the Minister directs the discharge of such person under this Act, not be discharged where (in the case of a district mental hospital or other institution maintained by a mental hospital authority) the resident medical superintendent, or (in any other case) his medical attendant, gives a written certificate, containing a statement of the grounds therefor, that he is dangerous or otherwise unfit to be discharged.

(2) Where a certificate is given under this section, the following provisions shall have effect:—

(a) notice in writing of objection to the certificate may be given to the Minister by or on behalf of the person to whom the certificate relates,

(b) on receipt of such notice, the Minister may, by notice in writing given to the person in charge of the relevant mental institution, require such person to give to the Minister a copy of the certificate and such person shall comply with such requisition forthwith,

(c) the Minister, on receipt of such copy of the certificate, may require the Inspector of Mental Hospitals to examine the person to whom the certificate relates,

(d) after consideration of the report of the Inspector of Mental Hospitals on his examination of the person to whom the certificate relates, the Minister, if he so thinks fit and provided that not more than fourteen days have elapsed since he received such copy of the certificate, may by order direct the discharge of the person to whom the certificate relates and, if the Minister so directs, such person shall be discharged accordingly.

222 Order for examination of patient.

222.—(1) Any person may apply to the Minister for an order for the examination, at the expense of the applicant, by two registered medical practitioners approved of by the Minister, of a person detained in a mental institution, and the Minister, if he so thinks fit, may make such order.

(2) Where the Minister makes an order under sub-section (1) of this section for the examination by two registered medical practitioners of a person detained in a mental institution, the practitioners shall, on presentation by them at the institution of the order, be admitted and allowed to examine such person on two occasions, at least seven days intervening between the first and second occasion, and if the practitioners certify that such person may be discharged without risk of injury to himself or others, the Minister may, if he so thinks fit, by order direct the discharge of such person and, if the Minister so directs, such person shall be discharged accordingly.

223 Visiting of person discharged after detention as chargeable patient.

223.—A mental hospital authority may direct any medical officer of their district mental hospital or any other institution maintained by them to visit any person, who was detained as a chargeable patient in such hospital or other institution and who has been discharged, for the purpose of giving him advice as to any mental treatment which he should undergo.

224 Sending of person who is detained as chargeable patient and who is eligible for public assistance to district institution on discharge.

224.—Where a person who is detained as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority and who is eligible for general assistance under the Public Assistance Act, 1939 (No. 27 of 1939), is discharged from such hospital or other institution, the mental hospital authority may, if they so think fit, send him to the appropriate district institution of the public assistance district in which he resided before he was sent to such hospital or other institution.

225 Making available of case books to mental hospital authority.

225.—The resident medical superintendent of a district mental hospital shall from time to time make available to the mental hospital authority by whom the hospital is maintained case books showing the mental condition of the persons detained in the hospital and the other institutions maintained by the authority, and shall so make such case books available that a case book showing the condition of each person so detained is submitted to the authority at least once in each year.

226 Examination of person detained as temporary patient by Inspector of Mental Hospitals.

226.—(1) Where the Inspector of Mental Hospitals makes a visit and inspection required by this Act of an approved institution, he shall examine every person who is detained as a temporary patient therein and who has been received since he made his last visit and inspection required by this Act of the institution.

(2) The Inspector of Mental Hospitals may, at the request of the person in charge of an approved institution, examine any person detained as a temporary patient in the institution.

(3) If, upon examining under this section a person detained as a temporary patient, the Inspector of Mental Hospitals is of opinion that the person should remain in the institution in which he is being treated, the Inspector shall give a statement in writing to that effect to the person in charge of the institution.

(4) If, upon examining under this section a person detained as a temporary patient, the Inspector of Mental Hospitals is of opinion that the person should not remain in the institution in which he is being treated, the Inspector shall make a report to the Minister containing a statement of his opinion, the grounds on which the opinion is based, and such other observations as he thinks proper.

227 Direction to discharge person detained as temporary patient, etc.

227.—Upon receipt of a report under sub-section (4) of section 226 of this Act, the Minister may, if he so thinks fit, by order direct the person in charge of the relevant institution either to discharge the person to whom the report relates or to take the appropriate steps to have him received into a mental institution as a person of unsound mind, and the person in charge of the institution shall comply with such direction.

228 Direction to give copy of order and medical certificate to temporary patient.

228.—The Minister may, upon the request in writing of a person who is detained as a temporary patient in an approved institution and who considers himself to be unjustly detained, by order direct the person in charge of the institution to give to the person detained, free of charge, a copy of the order and of the medical certificate consequent upon which he is detained, and the person in charge of the institution shall comply with such direction.

229 Retaking on escape.

229.—(1) A member of the Gárda Síochána may retake, not later than twenty-eight days after his escape, a person detained under a reception order who escapes, and may bring such person back to the place from which he escaped.

(2) A person detained as a temporary patient shall not be retaken or brought back under this section after the expiration of six months after the day on which the reception order relating to him was made or, where that period has been extended under section 189 of this Act, after the expiration of that period as so extended.

(3) The following provisions shall have effect in relation to any expenses incurred by the Gárda Síochána under this section:—

(a) such expenses shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas,

(b) such expenses shall be repaid to the Minister for Justice by the responsible person and, in default of being so repaid, shall be recoverable as a simple contract debt in any court of competent jurisdiction,

(c) any amount so repaid or recovered shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(4) In sub-section (3) of this section, the expression “the responsible person” means—

(a) where the mental institution from which the escaped person escaped is registered in a register kept by the Minister under this Act—the person whose name is entered in the register in respect of the institution, and

(b) where the mental institution from which the escaped person escaped is not so registered—the mental hospital authority or other person carrying on the institution.

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

230 Liability to maintain relations.

230.—(1) For the purposes of this Act and without prejudice to any obligations for the time being imposed by law otherwise than by or for the purposes of this Act, the following provisions shall have effect:—

(a) every legitimate person shall be liable to maintain his or her father and mother;

(b) every illegitimate person shall be liable to maintain his or her mother;

(c) every man shall be liable to maintain such of his legitimate children as are for the time being under the age of sixteen years;

(d) every woman shall be liable to maintain such of her children, whether legitimate or illegitimate, as are for the time being under the age of sixteen years;

(e) every married man shall be liable to maintain his wife and shall also be liable to maintain every child, whether legitimate or illegitimate, of his wife who was born before her marriage to him and is for the time being under the age of sixteen years;

(f) every married woman shall be liable to maintain her husband.

(2) Every reference in this Act to a person who is liable to maintain another person shall be construed as meaning a person who is by virtue of this section liable for the purposes of this Act to maintain such other person.

231 Particulars for determining if person is a chargeable patient.

231.—Where—

(a) a person is received into a district mental hospital, and

(b) the mental hospital authority maintaining the hospital do not know whether the person is or is not a chargeable patient, and

(c) the mental hospital authority are not the public assistance authority for the public assistance district in which the person ordinarily resided before his reception,

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