Mental Treatment Act , 1945

the mental hospital authority shall send particulars of the name and residence of the person to such public assistance authority and that authority shall thereupon send in the prescribed form to the mental hospital authority the particulars necessary to enable the mental hospital authority to determine whether the person is or is not a chargeable patient and, if he is a chargeable patient, what contribution is proper to be made by him or on his behalf towards the cost of the mental hospital assistance given to him.

232 Liability to contribute to cost of mental hospital assistance.

232.—Where a mental hospital authority give mental hospital assistance to any person (in this section referred to as the patient), the following provisions shall have effect:—

(a) every person who is liable to maintain the patient shall be liable to contribute according to his ability to the cost of the assistance;

(b) the authority may apply to the District Court, on notice to any of the persons liable to maintain the patient, for an order for the contribution by that person to the cost of the assistance;

(c) where, on an application to the District Court for an order under this section, the Court is satisfied that the person against whom the order is sought is, at the time of the hearing of the application, able to contribute to the cost of the assistance, the Court shall fix the amount of the contribution to be made by him and shall order the making by him to the authority of the contribution so fixed either in one sum or by such weekly or monthly instalments as the Court thinks proper;

(d) an order by the District Court under this section for payment to the authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable;

(e) the authority shall not recover by means of applications under this section to the District Court a greater amount than the cost of the assistance or, where a contribution has been made in pursuance of this section, a greater amount than the difference between the contribution and the cost of the assistance.

233 Liability to repay cost of mental hospital assistance.

233.—Where a mental hospital authority have given mental hospital assistance to any person (in this section referred to as the patient) and none or part only of the cost of the assistance has been repaid to the authority, the following provisions shall have effect in regard to the amount of such cost or of the part thereof not repaid (as the case may be):—

(a) it shall be the duty of the patient or, on his default, whether complete or partial, of every person liable to maintain him, to repay such amount to the authority according to their respective abilities;

(b) where the authority are of opinion that the patient is able to repay to them the whole or part of such amount, they may apply to the District Court on notice to the patient for an order for repayment as aforesaid by the patient and the Court, if it so thinks proper, may appoint a person to represent the patient for all purposes connected with the application;

(c) where the authority are at any time of opinion that the patient is unable to repay to them such amount and that any of the persons who were, at the time when the assistance was given, liable to maintain the patient is able to repay to them the whole or part of such amount, they may apply to the District Court on notice to that person for an order for repayment as aforesaid by him;

(d) where, on an application under this section to the District Court for repayment, the Court is satisfied that the person from whom repayment is sought is, at the time of the hearing of the application, able to repay the whole or part of the amount repayment of which is sought, the Court shall fix the repayment to be made by him and shall order the making by him to the authority of the repayment so fixed either in one sum or by such weekly or monthly instalments as the Court thinks proper;

(e) an order by the District Court under this section for repayment to the authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable;

(f) the authority shall not, by means of applications under this section to the District Court, recover more than such amount.

234 Appropriation of property.

234.—(1) Where a person receiving mental hospital assistance in a mental institution maintained by a mental hospital authority owns any money or security for money, the authority may—

(a) if the person has such money in his physical possession, take and appropriate it and thereout reimburse themselves in respect of the cost of the mental hospital assistance given by them to the person at any time before such taking, and retain the balance (if any) on behalf of the person,

(b) if the person has such security in his physical possession, take and realise it or a sufficient portion thereof and out of the proceeds reimburse themselves in respect of the cost of the mental hospital assistance given by them to the person at any time before such taking, and retain the balance (if any) on behalf of the person,

(c) in any case, by appropriate legal proceedings, make such money or security available for their reimbursement in respect of the cost of the mental hospital assistance given by them to the person at any time before the institution of the proceedings and reimburse themselves accordingly.

(2) Where a person receiving mental hospital assistance from a mental hospital authority dies and at his death owns any money or other property, the authority may—

(a) where the circumstances so permit, take and appropriate out of such money a sum sufficient to reimburse themselves in respect of the expenses (if any) incurred by them in burying his body and the cost of the mental hospital assistance given by them to the person at any time before his death,

(b) where the circumstances so permit, take and realise such property or a sufficient portion thereof and out of the proceeds reimburse themselves in respect of such expenses and cost,

(c) in any case, by appropriate legal proceedings make such money or property available for their reimbursement in respect of such expenses and cost and reimburse themselves accordingly.

(3) In the foregoing sub-sections of this section, the word “money” includes money deposited in the Post Office Savings Bank or in any other bank and the expression “security for money” includes a deposit book issued by the Post Office Savings Bank to a depositor and also includes a Savings Certificate, and the powers conferred by those sub-sections respectively on a mental hospital authority shall include—

(a) in the case of money in the Post Office Savings Bank, power, on obtaining possession of the deposit book issued in respect thereof by that Bank, to withdraw the money or a sufficient portion thereof in accordance with regulations in that behalf made by the Minister for Finance,

(b) in the case of money in any other bank, power to apply to the District Court for, and, if that Court so thinks proper, to obtain, an order directing the bank to pay the money or a sufficient portion thereof to such mental hospital authority,

(c) in the case of a Savings Certificate, power on obtaining possession thereof, to realise it in accordance with rules in that behalf made by the Minister for Finance.

PART XVIII. Powers and Duties of the Inspector of Mental Hospitals.

235 General power of inspection of mental institutions by Inspector of Mental Hospitals.

235.—The Inspector of Mental Hospitals may, whenever and so often as he thinks fit and at any time during the day or night, visit and inspect any mental institution and visit and examine any patient therein.

236 Periodical inspection of mental institutions by Inspector of Mental Hospitals.

236.—(1) The Inspector of Mental Hospitals shall visit and inspect every district mental hospital and every other institution maintained by a mental hospital authority at least once in each year.

(2) The Inspector of Mental Hospitals shall visit and inspect every mental institution not maintained by a mental hospital authority at least once in each half-year.

237 Duties of Inspector of Mental Hospitals when making inspection.

237.—When making a visit and inspection of a mental institution required by this Act, the Inspector of Mental Hospitals shall—

(a) inquire whether due regard has been had in the management of the institution to this Act and to the provisions made thereunder,

(b) inquire whether the receptions in and discharges from the institution have been properly effected,

(c) inquire whether the dietary of the patients is satisfactory,

(d) inquire as to the mental and bodily condition of each of the patients on reception and at the time of the visit,

(e) inquire into the facilities given to patients to attend religious services and as to other religious aid given to patients,

(f) inquire where any system of coercion, restraint, or seclusion is in operation and if so—

(i) the particulars of the system,

(ii) the means by which it is practised,

(iii) whether it is by medical treatment or otherwise,

(iv) its results,

(g) inquire as to the classification or non-classification of the patients,

(h) inquire as to the staffing arrangements,

(i) inquire as to the occupations and amusements of the patients, and the effects thereof,

(j) inquire whether occupational therapy or any special form of treatment has been adopted, and, if so, its results,

(k) inspect every part of the premises included in the institution,

(l) see each of the patients received since his next previous visit required by this Act and inspect the documents authorising the reception of each such patient,

(m) inquire as to the discipline in the institution,

(n) make such other inquiries in relation to the institution and the patients and the staff and see such other persons as he thinks proper,

(o) enter in a book to be kept in the institution—

(i) the date of the visit,

(ii) the condition at the date of the visit of the patients,

(iii) the number of patients under restraint and the reasons given therefor,

(iv) particulars of any irregularity noticed during the visit,

(v) any other observations which he thinks proper.

238 Special attention where propriety of detention is doubtful.

238.—Where the Inspector of Mental Hospitals visits any mental institution, he shall give special attention to the state of mind of any patient detained therein the propriety of whose detention he doubts or has been requested by the patient himself or any other person to examine, and if he becomes of opinion that the propriety of the detention requires further consideration, he shall indicate such opinion in any register of patients kept in the institution.

239 Further consideration of detention of patient in institution maintained by mental hospital authority.

239.—(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a district mental hospital or other institution maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.

(2) After consideration of a report under sub-section (1) of this section, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals to visit the patient to whom the report relates and to make a report on his mental condition to the Minister.

(3) After consideration of a report under sub-section (2) of this section, the Minister may, if he so thinks fit, by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.

240 Further consideration of detention of patient in institution not maintained by mental hospital authority.

240.—(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a mental institution not maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.

(2) After consideration of a report under sub-section (1) of this section in relation to a patient detained in a mental institution, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals and the resident medical superintendent of the district mental hospital nearest to such institution (in this section referred to as the visitors) to visit the patient.

(3) On a requisition being made by the Minister under sub-section (2) of this section, the visitors shall make two visits to the patient, the second visit being not less than eighteen days after the first visit.

(4) A first visit and a second visit under this section to a patient shall be made by the same persons as the visitors.

(5) Not less than fourteen days' notice of a second visit under this section to a patient shall be given by the Inspector of Mental Hospitals—

(a) to the person in charge of the mental institution where the patient is detained, and

(b) if it is practicable, to the person at whose instance the patient is detained.

(6) A notice under sub-section (5) of this section to the person in charge of a mental institution may (without prejudice to the giving of such notice in any other manner authorised by this Act) be given by an appropriate entry in any register of patients kept in the institution.

(7) After a second visit under this section has been made to a patient, the Inspector of Mental Hospitals shall make a report on the patient's mental condition to the Minister.

(8) After consideration of a report under sub-section (7) of this section, the Minister, if he so thinks fit, may by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.

(9) The Minister may pay to a resident medical superintendent visiting under this section such sum for his services and expenses as may be prescribed.

241 Order by President of High Court for visit and examination of person detained as person of unsound mind.

241.—The President of the High Court may by order require and authorise the Inspector of Mental Hospitals to visit and examine any person detained at any place as a person of unsound mind and to report to the President of the High Court on the condition of such person.

242 Examination on oath.

242.—(1) The Inspector of Mental Hospitals may, for the purpose of carrying out his duties under this Act, examine any person on oath (which he is hereby authorised to administer).

(2) A person who refuses or wilfully neglects to give information upon oath when required to do so by the Inspector of Mental Hospitals in pursuance of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

243 Report to the Minister.

243.—The Inspector of Mental Hospitals shall furnish a report on each visit and inspection of a mental institution made by him to the Minister.

244 Production of list of patients, etc.

244.—(1) Where the Inspector of Mental Hospitals visits a mental institution, not being an institution for the reception of one patient only, there shall be presented to the Inspector—

(a) a list of the patients which shall, in the case of a district mental hospital or other institution maintained by a mental hospital authority, distinguish chargeable patients from others and which shall, in all cases, distinguish males from females and indicate the patients believed to be curable,

(b) all registers, books, records and other documents required by or under this Act to be kept in relation to the institution,

(c) all documents relating to any patient received in the institution since the next previous visit of the Inspector of Mental Hospitals,

(d) any other documents relating to a patient received at any time into the institution which the Inspector may call for.

(2) Where the Inspector of Mental Hospitals visits a mental institution for the reception of one patient only, there shall be presented to the Inspector—

(a) all registers, books, records, and other documents required by or under this Act to be kept in relation to the institution,

(b) if the patient has been received since the next previous visit of the Inspector of Mental Hospitals, the documents authorising the reception,

(c) any other documents relating to the patient which the Inspector may call for.

(3) Where a book is presented under this section to the Inspector of Mental Hospitals, he shall certify on it that it has been so presented.

245 Facilities for inspection.

245.—Where the Inspector of Mental Hospitals is inspecting any mental institution, all facilities reasonably necessary for the inspection shall be afforded to him and he shall be shown every part of the institution and every patient therein.

246 Assistance by medical practitioner or resident medical superintendent in making visit to mental institution.

246.—(1) Where the Inspector of Mental Hospitals proposes to visit any mental institution, he may call in any registered medical practitioner residing within a reasonable distance of the institution to assist him in making the visit.

(2) Where the Inspector of Mental Hospitals proposes to visit any mental institution which is not a district mental hospital, or other institution maintained by a mental hospital authority, he m ay call in the resident medical superintendent of the nearest district mental hospital to assist him in making such visit.

(3) A registered medical practitioner who is directly or indirectly interested in a mental institution shall not be called in under this section to visit such institution.

(4) The Minister may pay to a resident medical superintendent or other medical practitioner assisting under this section in making a visit to a mental institution such sum for his services and expenses as may be prescribed.

247 Annual report on mental institutions.

247.—(1) The Inspector of Mental Hospitals shall, in respect of each year, make to the Minister a report upon every mental institution (not being for the reception of one person only) and the care of patients therein, and shall include in such report a general account relating to such year of the administration of the law relating to mental institutions and the care, welfare and treatment of persons of unsound mind.

(2) Every report under this section shall be laid before each House of the Oireachtas and a copy of it shall be sent to the President of the High Court.

248 Inspection of Dundrum Central Criminal Lunatic Asylum.

248.—(1) The Inspector of Mental Hospitals may, whenever and so often as he thinks fit and at any time during the day or night, visit and inspect the Dundrum Central Criminal Lunatic Asylum (in this section referred to as the Asylum).

(2) The Inspector of Mental Hospitals shall visit and inspect the Asylum at least once in each half-year.

(3) The Inspector of Mental Hospitals shall investigate any complaint in regard to the administration of the Asylum or the treatment of any inmate thereof.

(4) Where any charge against an officer or servant of the Asylum is proved on an investigation by the Inspector of Mental Hospitals, the Inspector may, if he so thinks fit, suspend the officer or servant from the discharge of his duties and report the matter to the Minister.

(5) The Inspector of Mental Hospitals shall from time to time prescribe the dietary scale for the inmates of the Asylum, but the resident physician and governor of the Asylum (or, in his absence, the assistant medical officer) may prescribe such extras as he may deem necessary in particular cases.

(6) Where an inmate of the Asylum recovers, the Inspector of Mental Hospitals shall give the Minister for Justice particulars of the name of the inmate, of the offence in connection with which he was convicted or charged, and of his general character and conduct.

(7) The Inspector shall, in respect of each year, make to the Minister a report on the Asylum and shall include in the report a general account relating to such year of the administration of the Asylum and of the care, welfare, and treatment of the inmates thereof.

(8) Every report under sub-section (7) of this section shall be laid before each House of the Oireachtas.

PART XIX. Miscellaneous.

249 General penalty.

249.—(1) Where, in relation to any mental institution, there is a contravention (whether by act or omission) of any section or sub-section of this Act which is mentioned in the Fifth Schedule to this Act, the responsible person shall be guilty of an offence under that section or sub-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.

(2) In this section, the expression “the responsible person” means—

(a) in relation to a mental institution 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) in relation to any other mental institution—the mental hospital authority or other person carrying on the institution.

250 Reception and detention otherwise than under this Act.

250.—Any person who, otherwise than in accordance with the provisions of this Act, receives and detains, or undertakes for payment the care and control of, a person who is, or is alleged to be, of unsound mind shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment or, on conviction thereof on indictment, to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

251 Concealment of patient, etc.

251.—Where any person—

(a) conceals a patient in a mental institution, or

(b) induces or assists the escape or attempted escape of a patient in a mental institution, or

(c) induces or assists a patient who—

(i) is absent on trial or parole from a mental institution, or

(ii) has been removed for treatment or for the benefit of his health from a mental institution, or

(iii) has been boarded out by a mental hospital authority,

to escape or leave the place where he is maintained while absent on trial or parole, under treatment, or for the benefit of his health, or while boarded out, or

(d) harbours or conceals a patient who has so escaped,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

252 Direction not to supply intoxicants or narcotics to patient.

252.—(1) The person in charge of a mental institution may direct any person not to supply intoxicants or narcotics to any particular patient in the institution.

(2) Where a person to whom a direction is given under this section supplies intoxicants or narcotics in contravention of the direction, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

253 Ill-treatment or neglect.

253.—Where the person in charge of a mental institution or a person employed therein ill-treats or wilfully neglects a patient in the institution, or a person having charge, whether by reason of any contract or of any tie of relationship, marriage, or otherwise, of a person of unsound mind ill-treats or wilfully neglects such person of unsound mind, he shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or, at the discretion of the Court, to both such fine and such imprisonment, or on conviction thereof on indictment, to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

254 Increase of penalty for misdemeanour under section 4 of Criminal Law Amendment Act 1935, in certain cases.

254.—Where—

(a) a person has been convicted on indictment of a misdemeanour under section 4 of the Criminal Law Amendment Act, 1935 (No. 6 of 1935), and

(b) the Judge is satisfied that at the time when the misdemeanour was committed—

(i) such person had the care or charge of the woman or girl in relation to whom the misdemeanour was committed, or

(ii) such person was carrying on a mental institution and such woman or girl was a patient therein, or

(iii) such person was employed as an officer or servant in a mental institution or an institution for the detention of persons of unsound mind and such woman or girl was a patient or prisoner therein,

the said section 4 shall have effect as if it provided that such person should be liable on such conviction to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years.

255 Misstatement in application for reception order, etc.

255.—Where any person—

(a) makes a wilful misstatement in an application for a recommendation for reception, in an application for a reception order, or in a reception order, or

(b) makes a wilful misstatement in a medical or other certificate or in a statement or report under this Act of bodily or mental condition, or

(c) wilfully makes in a book, statement, or return a false entry as to a matter as to which he is required to make an entry by this Act or a regulation thereunder,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

256 Effect on reception order of change of place of detention.

256.—(1) In this section, the expression “the ordinary place of detention” means, in relation to a person to whom a reception order relates, the place of detention mentioned in the reception order.

(2) Where a person to whom a reception order relates is brought in accordance with this Act or any order or regulation made thereunder to a place which is not the ordinary place of detention, such person may be detained in the place to which he is so brought in like manner as if it were the ordinary place of detention and the reception order and this Act and the orders and regulations made thereunder shall have effect with respect to him accordingly.

257 Prohibition on compelling patient to attend religious service not of his religion.

257.—A patient in a mental institution shall not be compelled to attend any religious service which is not a religious service of the religion to which he is ascertained to belong.

258 Delivery to Minister of certain contracts, etc.

258.—It shall be the duty of an officer of a mental hospital authority to deliver to the Minister, when required by him, any contracts, agreements, accounts, books, maps, plans, surveys, valuations, writings, or documents in the possession, custody, or control of such officer as such.

259 Time limit on certain proceedings.

259.—Proceedings by a person who has been detained in a mental institution and has ceased to be so detained and which are in respect of an act purporting to have been done in pursuance of this Act shall not be instituted after the expiration of six months after the cesser of the detention.

260 Leave of the High Court for certain proceedings.

260.—(1) No civil proceedings shall be instituted in respect of an act purporting to have been done in pursuance of this Act save by leave of the High Court and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the person against whom the proceedings are to be brought acted in bad faith or without reasonable care.

(2) Notice of an application for leave of the High Court under sub-section (1) of this section shall be given to the person against whom it is proposed to institute the proceedings and such person shall be entitled to be heard against the application.

(3) Where proceedings are, by leave granted in pursuance of sub-section (1) of this section, instituted in respect of an act purporting to have been done in pursuance of this Act, the Court shall not determine the proceedings in favour of the plaintiff unless it is satisfied that the defendant acted in bad faith or without reasonable care.

(4) Where, on an application under sub-section (1) of this section, leave is given to bring any proceedings and the proceedings are commenced within four weeks after the date on which leave was so given, the proceedings shall, for the purposes of section 259 of this Act and of the Public Authorities Protection Act, 1893, be deemed to have been commenced on the date on which notice of the application was given to the person against whom the proceedings are to be brought.

261 Lodging of person not of unsound mind in mental institution.

261.—A person not of unsound mind may be lodged as a boarder in a mental institution, but where any such person is lodged as a boarder in the part of a mental institution used for the accommodation of persons of unsourd mind, the number of persons of unsound mind in the institution shall be determined for the purposes of this Act as if such person were a person of unsound mind.

262 Application of this Act to existing patients.

262.—Every person who immediately before the commencement of this section was detained in any institution or place for the maintenance and treatment of persons of unsound mind shall, on and after the commencement of this section, be subject to the provisions of this Act and the documents authorising such detention shall, on and after the commencement of this section, be regarded as a reception order applied for by the relative or other person at whose instance he was originally detained.

263 Mechanical means of bodily restraint.

263.—(1) No person shall apply mechanical means of bodily restraint to a person of unsound mind unless the restraint is necessary for the purposes of medical or surgical treatment or to prevent the person of unsound mind injuring himself or others.

(2) Where any person applies mechanical means of bodily restraint to a person of unsound mind he shall proceed in accordance with regulations to be made by the Minister.

(3) If any person acts in contravention of this section, 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.

264 Application of mechanical means of bodily restraint in mental institutions.

264.—Where mechanical means of bodily restraint are applied in a mental institution to a patient, full particulars of the application shall be entered forthwith-in a book to be kept for that purpose.

265 Restriction on employment of male persons.

265.—(1) It shall not be lawful to employ a male person in the personal custody or restraint of a female patient in a mental institution.

(2) Subsection (1) of this section shall not be construed as prohibiting the employment of a male person in the personal custody or restraint of a female patient in a mental institution on any occasion of such urgency as, in the judgment of the person in charge of the institution, renders the employment necessary, but in each such case the employment shall be reported to the Inspector of Mental Hospitals on his next visit to the institution and an entry of the employment shall be made at the time thereof in a book to be kept for that purpose in the institution.

266 Forwarding of certain letters of patients.

266.— Any letter addressed by a patient in a mental institution to the Minister, the President of the High Court, the Registrar of Wards of Court, a mental hospital authority, or the Inspector of Mental Hospitals shall be forwarded unopened.

267 Notices as to right to have letters forwarded.

267.—Notices setting forth the right of a patient to have letters forwarded under section 266 of this Act shall, if the Minister so directs, be kept posted in prominent positions in a mental institution and such notices shall, if the Inspector of Mental Hospitals indicates the positions where they are to be kept posted, be kept posted in those positions.

268 Report to coroner on death of patient.

268.—Not later than twelve hours after the death of a patient in a mental institution, a report on the death shall be given to the coroner within whose district the death occurred.

269 Order directing admission of person to visit patient.

269.—(1) The Minister may by order direct the admission of any person to visit a patient in a mental institution and such person shall be admitted in accordance with such order.

(2) An order under this section may be for either one or more than one admission and may be either with or without restrictions as to the presence of an attendant or otherwise.

270 Saver for certain rights, etc.

270.—A person shall not be deprived of any right or privilege, or be subjected to any disability, merely because he or a member of his family is maintained under the provisions of this Act as a chargeable patient.

271 Application by discharged patient for copy of reception order.

271.—Where a person discharged from a mental institution after detention therein considers that the detention was unlawful, he may, not later than six months after his discharge, by letter addressed to the person in charge of the mental institution apply for a copy of the reception order authorising the detention and, on receipt of such application, such copy shall be forwarded to him.

272 Report of certain matters to Minister.

272.—Immediately upon the occurrence in a mental institution of any of the following matters, a report thereon shall be given to the Minister:—

(a) an injury to a patient in the institution (including an injury existing on reception),

(b) an assault or alleged assault upon a patient in the institution by a member of the staff,

(c) an outbreak of infectious or epidemic disease in the institution, whether affecting patients only, staff only, or both,

(d) an outbreak of fire in the institution,

(e) any other matter of serious importance to the welfare of the patients.

273 Retirement, relinquishment of his commission, or discharge of member of Defence Forces who is of unsound mind.

273.—(1) Upon the retirement, relinquishment of his commission, or discharge of a member of the Defence Forces who is certified, at the time of such retirement, relinquishment of commission, or discharge, by a registered medical practitioner to be a person of unsound mind and to be a proper person to be detained under care and treatment, the Minister for Defence, or any officer of the Defence Forces not below the rank of commandant deputed by that Minister for the purpose, may by order cause him to be sent to the district mental hospital for the mental hospital district to which it appears to that Minister or such officer (as the case may be), after due investigation, that he belongs.

(2) Where, on an investigation pursuant to sub-section (1) of this section, it appears that a member of the Defence Forces does not belong to a district within the State, such member shall be regarded for the purposes of this section as belonging to the mental hospital district in which he retires, relinquishes his commission, or is discharged.

(3) Every order under this section shall specify the district mental hospital to which the person to whom the order relates is to be sent.

(4) In determining for the purposes of an order under this section the mental hospital district to which the person to whom such order relates belongs, the Minister for Defence or the officer making the order (as the case may be) shall make such inquiries as may be necessary for that purpose and shall have regard to the statements made in the attestation paper of the member and to such other sources of information as may be available.

(5) Notwithstanding any other provision of this Act, where a person is sent to a district mental hospital under an order under this section, he shall be received in the hospital and shall thereupon be subject to the provisions of this Act in like manner as if he were a patient received in the hospital under a chargeable patient reception order and, accordingly, every reference in this Act to a reception order shall, where appropriate, be deemed to include a reference to an order under this section.

(6) A person received into a district mental hospital under an order under this section shall be deemed not to be a criminal lunatic within the meaning of section 6 of the Lunacy (Ireland) Act, 1901.

(7) Where a person is received into a district mental hospital under an order under this section, the Minister for Defence may, if he so thinks proper, provide for the payment of the conveyance of the wife and children of such person to the mental hospital district in respect of the hospital, and in such case may notify the proper public assistance authority of the conveyance should he consider the circumstances of the family such as would render them eligible for public assistance.

(8) The expenses incurred by the Minister for Defence in the administration of this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(9) In this section, a reference to a member of the Defence Forces does not include a reference to a member of that part of the Defence Forces known as the Reserve save as respects a period during which such member is called out on permanent service, for training or to aid the civil power in the preservation of public order.

274 Fee for authorised medical officer carrying out medical examination.

274.—(1) Where the authorised medical officer makes in pursuance of this Act a medical examination of any person, the public assistance authority for the public assistance district in which such person ordinarily resides shall pay to the authorised medical officer a fee of two guineas for the examination.

(2) A fee paid under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if it represented the cost of public assistance within the meaning of that Act given by such authority to the person examined.

275 Nomination of person to take place of applicant for a reception order.

275.—(1) The Minister may by order nominate to take the place of the person, including a deceased person, who was the applicant for a reception order (in this section referred to as the applicant) any other person willing to assume the duties and responsibilities of the applicant, and such other person shall, as on and from the date of the order, be subject to every obligation and may exercise every power of the applicant.

(2) An order under this section shall not release the applicant, or the person who immediately before the order was made was the nominee under this section taking the place of the applicant, from any liability previously incurred by him.

(3) Where the Minister proposes to make an order under this section and has not previously obtained the consent to the order of the applicant or the person who for the time being is the nominee under this section taking the place of the applicant (as the case may be), the Minister shall, if the applicant or such nominee is alive, give notice to him of the proposal to make the order and of the name of the person proposed to be nominated by the order and shall not make the order until after the expiration of fourteen days from the giving of the notice nor until he has considered the statement (if any) made under sub-section (4) of this section consequent upon the notice.

(4) At any time during a period of fourteen days from the giving of a notice under sub-section (3) of this section, the person to whom the notice is given may furnish the Minister with a written statement of his objections to the making of an order under this section.

(5) Every reference in this Act to a person on whose application a reception order is made shall include a reference to the person (if any) for the time being nominated under this section to take his place.

276 Assistance by counsel in making visit or investigation under this Act.

276.—Where the President of the High Court is of opinion that the assistance of counsel is necessary for the conduct of any visit or investigation under this Act, he may by order appoint a barrister-at-law of not less than six years' standing to assist in such visit or investigation and may by such order direct the fees and travelling expenses to be paid by the Minister to such barrister in respect of his assistance.

277 Inquiries.

277.—(1) The Minister may cause to be held, by the Inspector of Mental Hospitals, or one or more of the other inspectors of the Minister or the Inspector of Mental Hospitals in conjunction with one or more of the other inspectors of the Minister, an inquiry into—

(a) any complaint relating to—

(i) the administration of any mental institution, or

(ii) negligence of any officer or servant employed in a mental institution in the discharge of his duties or failure by him to discharge his duties, or

(iii) misconduct of any officer or servant employed in a mental institution, and

(b) any matter relating to a mental institution in respect of which an inquiry is appropriate in accordance with the provisions of this Act or any other enactment.

(2) Where the Minister causes an inquiry to be held under this section in relation to a district mental hospital or any other institution maintained by a mental hospital authority, the costs incurred in relation to the inquiry shall be certified by the Minister and the certificate shall direct the payment of the costs to the Minister—

(a) where not more than one mental hospital authority is concerned in the inquiry—by that authority,

(b) where two or more mental hospital authorities are concerned in the inquiry—by (according as may be specified in the certificate) all or one or more of those authorities.

(3) A certificate under this section which directs the payment of the costs of an inquiry by two or more mental hospital authorities shall specify the proportion of the costs which shall be paid by each of those authorities.

(4) Where a mental hospital authority fails to pay a sum directed to be paid by a certificate under this section, such sum may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or may be deducted in whole or in part from any moneys payable by any Minister of State for any purpose whatsoever to such authority.

(5) The power to deduct under sub-section (4) of this section from moneys payable to a mental hospital authority shall be subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.

(6) Where the Minister causes an inquiry to be held under this section in relation to an institution not maintained by a mental hospital authority, he may, if he so thinks fit, by order direct that a sum (to be specified in the order) in respect of either the whole or part (as he considers reasonable) of the costs incurred in relation to the inquiry shall be paid to the Minister by the person (to be specified in the order) appearing to the Minister to carry on the institution, and such sum shall be paid accordingly to the Minister by that person and, in default of being so paid, shall be recoverable as a simple contract debt, in any court of competent jurisdiction.

(7) For the purposes of this section, the costs incurred in relation to an inquiry shall include a reasonable charge for the services (including travelling and subsistence expenses) of the Inspector of Mental Hospitals or any other inspector or officer of the Minister engaged in the inquiry and also the necessary expenses of witnesses.

278 Taking of evidence at inquiries on oath.

278.—(1) An inspector holding an inquiry under section 277 of this Act may take evidence on oath and for that purpose may administer oaths.

(2) An inspector holding an inquiry under section 277 of this Act may, by giving notice in that behalf to any person, require him to attend at a specified time and place to give evidence in relation to any matter in question at the inquiry or to produce any books, contracts, agreements, accounts, maps, plans, moneys, valuations, or other documents in his possession, custody, or control which relate to any such matter.

(3) It shall not be necessary for a person to attend in compliance with a notice under sub-section (2) of this section at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary travelling expenses of the attendance has been paid or tendered to him.

(4) Where an inquiry under section 277 of this Act is in relation to an institution maintained by a mental hospital authority, the authority shall pay or tender to any person whose attendance is required at the inquiry such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance.

(5) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution maintained by a mental hospital authority and the person to whom the notice is sent complies with the notice, such person shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the mental hospital authority, and such expenses save as aforesaid shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution not maintained by a mental hospital authority, the inspector shall pay or tender to the person to whom the notice is sent such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance of such person pursuant to the notice.

(7) Any sum paid under sub-section (6) of this section shall be regarded as part of the costs of the relevant inquiry for the purposes of sub-section (6) of section 277 of this Act

(8) Subject to the provisions of this section, every person to whom a notice has been given under sub-section (2) of this section who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

279 Penalty for obstruction of Inspector of Mental Hospitals, etc.

279.—If any person obstructs or interferes with the Inspector of Mental Hospitals while the Inspector is exercising any power conferred by or under this Act or fails to give any information within his knowledge reasonably required by the Inspector in the course of carrying out his duties, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

280 Laying of orders and regulations before Oireachtas.

280.—An order or regulation made by the Minister under this Act and relating to or having effect in every mental hospital district shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which it has sat after the order or regulation is so laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

281 Adaptation of existing enactments.

281.—(1) Every statutory or other enactment in force at the commencement of this section and relating to any matter or thing dealt with or affected by this Act shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

(2) The Minister may by order make, in respect of any statutory or other enactment in force at the commencement of this section and relating to any matter or thing dealt with or affected by this Act, all such adaptations of and modifications in such enactment as appear to him to be necessary or expedient for carrying into effect the provisions of this Act.

282 Giving of notices under this Act.

282.—(1) Any written notice or other document to be given in pursuance of this Act may be given in any of the following ways:—

(a) in case it is to be given to the Minister, by sending it by post in an envelope addressed to the Minister for Local Government and Public Health, Dublin;

(b) in case it is to be given to any other person—

(i) by handing it to such person, or

(ii) by leaving it at the usual or last-known place of abode of such person, or

(iii) by sending it by post in a prepaid registered envelope addressed to such person, in the case of an individual, at his usual or last-known place of abode, or in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.

(2) Where a written notice or other document is to be given in pursuance of this Act to the owner or the occupier of land and the name of such owner or occupier is not known, such document may be addressed to “the owner” or “the occupier” (as the case may be) of the land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on the land.

283 Saving of powers of Judges of the High Court and of Judges of the Circuit Court.

283.—(1) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section by a Judge of the High Court or a Judge of the Circuit Court in connection with the care and commitment of the persons and estates of persons found to be idiots or of unsound mind.

(2) No power, restriction, or prohibition contained in this Act shall apply in relation to a person of unsound mind under the care of a Judge of the High Court or of a Judge of the Circuit Court.

(3) The provisions of this Act in relation to the registration of premises shall not apply in relation to any premises by reason only of the fact that a person has been received as a patient therein by direction of a Judge of the High Court or a Judge of the Circuit Court.

284 Saver in respect of certain sections.

284.—(1) Each of the following sections shall be a specified section for the purposes of this section:—

(a) sections 17 and 18 of the Lunacy (Ireland) Act, 1821,

(b) sections 2 and 3 of the Criminal Lunatics (Ireland) Act, 1838,

(c) section 12 of the Central Criminal Lunatic Asylum (Ireland) Act, 1845,

(d) sections 12 and 13 of the Lunatic Asylums (Ireland) Act, 1875,

(e) section 2 of the Trial of Lunatics Act, 1883,

(f) section 17 of the Criminal Justice Administration Act, 1914.

(2) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section under any specified section.

(3) No power, restriction or prohibition contained in this Act shall apply in relation to a person detained by virtue of any specified section.

FIRST SCHEDULE. Enactments Repealed.

Session and Chapter or Number and Year	Short title	Extent of Repeal
1 & 2 Geo. 4, c. 33	Lunacy (Ireland) Act, 1821.	Section 2.
7 Geo. 4, c. 14	Lunacy (Ireland) Act, 1826.	The whole Act so far as unrepealed.
7 Geo. 4, c. 74	Prisons (Ireland) Act, 1826.	Sections 55 and 56 in so far as they relate to mental institutions.
5 & 6 Vict., c. 123	Private Lunatic Asylums (Ireland) Act, 1842.	The whole Act so far as unrepealed.
8 & 9 Vict., c. 107	Central Criminal Lunatic Asylum (Ireland) Act, 1845.	Sections 11, 23 and 24; section 25 so far as unrepealed.
9 & 10 Vict., c. 115	Lunatic Asylums (Ireland) Act, 1846.	The whole Act so far as unrepealed.
18 & 19 Vict., c. 109	Lunatic Asylums Repayment of Advances (Ireland) Act, 1855.	The whole Act so far as unrepealed.
30 & 31 Vict., c. 118	Lunacy (Ireland) Act, 1867.	The whole Act so far as unrepealed.
37 & 38 Vict., c. 74	Private Lunatic Asylums (Ireland) Act, 1874.	The whole Act.
38 & 39 Vict., c. 67	Lunatic Asylums (Ireland) Act, 1875.	Sections 3 to 9, 11, 14 and 16.
61 & 62 Vict., c. 37	Local Government (Ireland) Act, 1898.	Section 9 so far as unrepealed; section 76, sub-sections (1) and (2) of section 84; proviso (b) to sub section (2) of section 110.
	Local Government (Application of Enactments) Order, 1898.	Paragraphs (5) and (6) of Article 15 of the Schedule; the words “and of any debt or capital liability incurred on account of lunatic asylums” and the words “except where it is for the purpose of a lunatic asylum, or” in paragraph (2) of Article 22 of the Schedule; paragraph (11) of Article 22 of the Schedule.
1 Edw. 7, c. 17	Lunacy (Ireland) Act, 1901.	Sections 2 and 5.
9 Edw. 7, c. 48	Asylum Officers Superannuation Act, 1909.	The whole Act.
No. 4 of 1925	Defence Forces (Temporary Provisions) Act, 1925.	Section 9.
No. 5 of 1925	Local Government Act, 1925.	Section 77.
No. 12 of 1940	County Management Act, 1940.	Section 34; paragraph 8 of the Second Schedule.
No. 23 of 1941	Local Government Act, 1941.	Section 79.
No. 3 of 1942.	Defence Forces (Temporary Provisions) Act, 1942.	Section 8.

SECOND SCHEDULE. MENTAL HOSPITAL DISTRICTS.

Ref. No	District
(1)	(2)
1	The administrative county of Carlow and the administrative county of Kildare.
2	The administrative county of Cavan and the administrative county of Monaghan.
3	The administrative county of Clare.
4	The county borough of Cork and the administrative county of Cork.
5	The administrative county of Donegal.
6	The county borough of Dublin, the administrative county of Dublin, and the administrative county of Wicklow.
7	The administrative county of Galway and the administrative county of Roscommon.
8	The administrative county of Kerry.
9	The administrative county of Kilkenny.
10	The administrative county of Laoighis and the administrative county of Offaly.
11	The administrative county of Leitrim and the administrative county of Sligo.
12	The county borough of Limerick and the administrative county of Limerick.
13	The administrative county of Longford, the administrative county of Meath, and the administrative county of Westmeath.
14	The administrative county of Louth.
15	The administrative county of Mayo.
16	The administrative county of Tipperary (North Riding) and the administrative county of Tipperary (South Riding).
17	The county borough of Waterford and the administrative county of Waterford.
18	The administrative county of Wexford.

THIRD SCHEDULE. Rules Relating to Joint Boards.

Appointment.

Tenure of Office.

Disqualification.

8.—(1) A member of the council of a county who has been appointed by the council to be a member of a joint board and who ceases to be, or is disqualified for being, a member of the council shall also cease to be, or be disqualified for being, a member of the joint board.

(2) A member of the city council for a county borough who has been appointed by the corporation of the county borough to be a member of a joint board and who ceases to be, or is disqualified for being, a member of the city council shall also cease to be, or be disqualified for being, a member of the joint board.

Resignation and Removal.

9.—(1) A member of a joint board appointed by the council of a county may resign his membership by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to such secretary.

(2) A member of a joint board appointed by the corporation of a county borough may resign his membership by giving notice to the town clerk of the borough, but the resignation shall not become effective until the meeting of the city council for the borough held next after the receipt of the notice given to such town clerk.

10.—(1) A member of the council of a county may, with the consent of not less than one-fourth of the members of the council, notify the secretary of the council in writing of his intention to propose that the membership of all the members of a joint board who were appointed by the council shall be terminated and the secretary shall thereupon summon a meeting of the council for a date not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof and, in the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at such meeting approving of such proposal, the membership of all such members of the joint board shall forthwith stand terminated and new members of the joint board shall be appointed forthwith in lieu of those whose membership is terminated.

(2) A member of the city council for a county borough may, with the consent of not less than one-fourth of the members of the council, notify the town clerk of the borough in writing of his intention to propose that the membership of all the members of a joint board who were appointed by the council shall be terminated and the town clerk shall thereupon summon a meeting of the council for a date not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof and, in the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at such meeting approving of such proposal, the membership of all such members of the joint board shall forthwith stand terminated and new members of the joint board shall be appointed forthwith in lieu of those whose membership is terminated.

11.—(1) The membership of a member of a joint board who, for a consecutive period of six months has not attended a meeting of the board, shall thereupon terminate and, at the meeting of the relevant council of a county or city council (as the case may be) held next after the expiration of such period, a new member shall be appointed to fill the vacancy so created in the membership of the board.

(2) Where a meeting of a joint board is abandoned owing to a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and such members shall be deemed to have attended a meeting of the board for the purpose of this rule.

Casual Vacancies.

Quorum.

Meetings.

Chairman and Vice-Chairman.

19.—(1) At every annual meeting of a joint board, the board shall elect one of their members to be chairman of the board and may elect another of their members to be vice-chairman of the board.

(2) Whenever the office of chairman or vice-chairman of a joint board becomes vacant otherwise than by the termination of the ordinary term of the office, the board shall at their next meeting after the vacancy occurs or, in the case of a resignation of office, at the meeting at which the resignation becomes effective, elect one of their members to be chairman or vice-chairman of the board.

(3) A person elected to be chairman or vice-chairman of a joint board shall, unless he sooner resigns the office of chairman or vice-chairman or sooner ceases to be, or becomes disqualified for being, a member of the board, hold office as chairman or vice-chairman until his successor has been appointed.

(4) The chairman or vice-chairman of a joint board may at any time resign his office as chairman or vice-chairman by giving notice in writing signed by him to the board, but the resignation shall not become effective until the commencement of the meeting of the board held next after the receipt by them of the resignation.

(5) Whenever the chairman or vice-chairman of a joint board ceases to be, or becomes disqualified for being, a member of the board, he shall forthwith cease to be chairman or vice-chairman of the board.

(6) Whenever, at the election of chairman of the joint board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the board.

Proceedings at Meetings.

(a) the chairman of the board shall, if he is present, be chairman of the meeting,

(b) if and so long as the chairman of the board is not present or the office of chairman is vacant, the vice-chairman (if any) shall, if he is present, be chairman of the meeting,

(c) if and so long as the chairman of the board is not present or the office of chairman is vacant and there is no office of vice-chairman, the vice-chairman is not present or the office of vice-chairman is vacant, the members of the board who are present shall choose one of their number to be chairman of the meeting.

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.

Sections 113, 126, 127, 128, 131, 135, 148, 149, 150, 152, 155, 160, 196, 227, 228, 245, 257, 264, 266, 267, 268, 271, 272.

Subsections (1), (2), (3), (4) and (5) of section 130; (1) and (2) of section 154; (1) and (2) of section 159; (1), (2) and (3) of section 197; (1) of section 199; (1) and (2) of section 202; (4) of section 208; (2) of section 212; (1) of section 217; (1) of section 218; (2) of section 222; (1) and (2) of section 244; (1) and (2) of section 265; (1) of section 269.