Mental Treatment Act , 1945

Type Act

Publication 1945-05-22

State In force

Source Irish Statute Book

articles 284

(a) whenever and so often as an officer or servant of a local authority other than a mental hospital authority leaves their service and the period of his continuous service with them, being service reckonable by them for superannuation purposes, ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned for the purposes of this Part of this Act,

(b) service with a local authority other than a mental hospital authority in respect of which a superannuation allowance has been granted by such local authority shall not be aggregated or reckoned for the purposes of this Part of this Act.

(5) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of an officer of a local authority other than a mental hospital authority and an officer or servant of a mental hospital authority, the mental hospital authority shall, with the consent of the Minister, determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

83 Abatement of allowance on appointment of recipient.

83.—(1) Where any person, to whom an allowance under this Part of this Act is paid, is appointed to any office or employment by a mental hospital authority or any other local authority or to any office or employment remunerated out of moneys provided by the Oireachtas, the following provisions shall, so long as he holds such office or employment, have effect:—

(a) in case the remuneration of such office or employment equals or is greater than that of the office or employment in respect of which the allowance was granted—such person shall not be paid the allowance;

(b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the remuneration of such office or employment, equals the remuneration of the office in respect of which the allowance was granted.

(2) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, not paid, the contribution shall also not be paid.

(3) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.

84 Reduction of certain allowances.

84.—(1) Where a person, to whom an allowance is paid on account of having ceased, before or after the commencement of this Part of this Act, to hold an office or employment (in this section referred to as the former office) remunerated out of moneys provided by the Oireachtas or to which he was appointed by a local authority other than a mental hospital authority, is appointed to any office or employment (in this section referred to as the later office) by a mental hospital authority, the following provisions shall, so long as he holds the later office, have effect:—

(a) in case the salary or wages of the later office are equal to or greater than the salary or wages of the former office—such person shall not be paid the allowance;

(b) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the salary or wages of the later office, equals the salary or wages of the former office.

(2) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, not paid, the contribution shall also not be paid.

(3) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.

85 Contributions.

85.—(1) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority shall contribute in each year for the purposes of this Part of this Act three per cent. of his salary or wages for that year and the amount of such contribution shall from time to time be deducted from his salary or wages.

(2) Where a deduction proper to be made under this section by a mental hospital authority from the salary or wages of an officer or servant is not made, the authority may recover the amount in question by retaining it out of any sum due by them to the officer or servant or by withholding any allowance or lump sum payable by them under this Part of this Act to or in respect of the officer or servant.

(3) Every contribution made under the Act of 1909 by an officer or servant of a mental hospital authority shall, where appropriate, be regarded as a contribution under this Part of this Act.

86 Return of contributions.

86.—(1) Where—

(a) an officer or servant of a mental hospital authority loses his office or employment by any cause other than misconduct or voluntary resignation, and

(b) he has been in the service of a mental hospital authority for less than ten years,

the mental hospital authority in whose service he was immediately before he lost his office or employment shall, save where such authority make a grant to him under section 71 of this Act, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him the aggregate amount of his contributions under this Part of this Act.

(2) Where an officer or servant of a mental hospital authority resigns voluntarily from their service and is not thereupon entitled to an allowance under this Part of this Act, the authority may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him a sum equal to the whole or part of the aggregate amount of his contributions under this Part of this Act.

(3) Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for less than five years, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to his legal personal representative the aggregate amount of the contributions of such officer or servant under this Part of this Act.

(4) Where—

(a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and

(b) she has been in the service of a mental hospital authority for less than five years, and

(c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,

the mental hospital authority whose service she has left shall, subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922, pay to her the aggregate amount of her contributions under this Part of this Act.

(5) Where an officer or servant who receives a payment under this section is subsequently appointed to the service of a mental authority, no service under any mental hospital authority of such officer or servant before such appointment shall be aggregated or reckoned for the purposes of this Part of this Act unless, upon such appointment, such payment is returned to the mental hospital authority by whom it was paid.

(6) Where a payment is returned to a mental hospital authority under sub-section (5) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.

87 Assignment of pensions, etc.

87.—(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Part of this Act by a mental hospital authority to any person (in this section referred to as the recipient), that is to say:—

(a) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the family of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor,

(b) where any public assistance is given in pursuance of the Public Assistance Act, 1939 (No. 27 of 1939), to the recipient or to anyone whom he is liable under that Act to maintain, the mental hospital authority may pay the whole or any part of the grant to the public assistance authority giving the assistance, and so much of the grant as is so paid may be applied in repayment of any sums expended on such assistance and, subject thereto, shall be paid or applied by the public assistance authority to or for the benefit of the recipient,

(c) if the recipient neglects to maintain any person whom he is liable to maintain, the mental hospital authority may in their discretion pay or apply the whole or any part of the grant to or for the benefit of that person,

(d) if the recipient appears to the mental hospital authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient.

(e) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding one hundred pounds is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the mental hospital authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the mental hospital authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in case of the illegitimacy of the deceased, to or among such persons as the mental hospital authority think fit, and the mental hospital authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution,

(f) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the mental hospital authority think fit,

(g) where a payment is made to any person by the mental hospital authority in pursuance of this section, the receipt of that person shall be a good discharge for the sum paid.

(2) A mental hospital authority may, with the consent of the Minister, make rules requiring declarations to be made for any purpose relating to payments made pursuant to this section and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required by such rules to make.

(3) Any person who makes a wilful misstatement of material fact in any declaration made under any rule 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 fifty pounds or to imprisonment for any term not exceeding three months.

88 Officer or servant becoming Civil Servant.

88.—(1) Where—

(a) a person—

(i) who had not attained the age of fifty-five years was appointed before the commencement of this Part of this Act to an established position in the civil service of the State, or

(ii) who has not attained the age of fifty-five years is appointed after the commencement of this Part of this Act to an established position in the civil service of the State, and

(b) such person was, before such appointment, paying contributions under the Act of 1909 or this Part of this Act in respect of an office or employment the duties of which relate to the same matters as the duties of such established position, and

(c) such person has not been repaid such contributions or, having been repaid them, has refunded them under the Act of 1909 or this Part of this Act,

the services of such person in respect of which such contributions were paid shall, for the purposes of the Superannuation Acts, 1834 to 1942, be regarded as service in an established position in the civil service of the State.

(2) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the c ase of a civil servant and of a person paying contributions under the Act of 1909 or this Part of this Act, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in the amount which, in any particular case, is granted by virtue of sub-section (1) of this section under the Superannuation Acts, 1834 to 1942.

(3) Where any payment is made to any person in accordance with this section, the Minister for Finance may determine what part or parts of the payment shall be defrayed out of any fund or funds to which such person made contributions under this Part of this Act or the Act of 1909, and thereupon the relevant mental hospital authority or authorities shall pay to the said Minister out of that fund or those funds the amount or the respective amounts determined by him as aforesaid.

89 Civil Servant becoming officer or servant.

89.—(1) Where—

(a) an officer or servant of a mental hospital authority was, immediately before the commencement of this Part of this Act, paying contributions under the Act of 1909, and

(b) such officer or servant began to pay such contributions before reaching the age of fifty-five years, and

(c) such officer or servant held, immediately before beginning to pay such contributions, an established position in the civil service of the State the duties of which related to the same matters as the duties of the office or employment in respect of which he was paying such contributions,

the service of such officer or servant in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(2) Where a person holding an established position in the civil service of the State becomes an officer or servant of a mental hospital authority the duties of whose office or employment relate to the same matters as the duties of such established position, the service of such person in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(3) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of a civil servant and an officer or servant of a mental hospital authority, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

(4) Where any payment is made by a mental hospital authority to any person in accordance with this section, the Minister for Finance may make such contribution to the payment as he considers reasonable out of moneys provided by the Oireachtas and shall pay the contribution to such authority.

90 Contributions in case of service with more than one mental hospital authority.

90.—Where an allowance, lump sum, marriage gratuity, refund of contributions or other payment is payable under this Part of this Act by a mental hospital authority (in this section referred to as the paying authority) to or in respect of any person in respect of his ceasing to hold office or employment under them and, in determining the amount of the allowance, lump sum, gratuity, refund or other payment, any service of such person under another mental hospital authority or a local authority other than a mental hospital authority (in this section referred to as the contributing authority) has been reckoned, the contributing authority shall refund to the paying authority a part of the allowance, lump sum, gratuity, refund or other payment reckoned according to the service and pay or the contributions of such person under the contributing body and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.

91 Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.

91.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority shall, in case he becomes an officer or servant of a local authority other than a mental hospital authority, be aggregated and reckoned for the purposes of granting and calculating any superannuation allowance which may be payable to him by such local authority.

(2) Notwithstanding sub-section (1) of this section—

(a) whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned in accordance with sub-section (1) of this section;

(b) service in relation to which a payment has been made under sub-section (1) or sub-section (2) or sub-section (4) of section 86 of this Act shall not be aggregated or reckoned in accordance with sub-section (1) of this section unless such payment is returned to the mental hospital authority by whom it was paid.

(3) Where a payment is returned to a mental hospital authority under sub-section (2) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.

(4) Where a superannuation allowance is payable by a local authority other than a mental hospital authority (in this sub-section referred to as the paying authority) to a person in respect of his ceasing to hold office or employment under them, and, in determining the amount of the allowance, any service of such person under a mental hospital authority (in this sub-section referred to as the contributing authority) has been reckoned in accordance with sub-section (1) of this section, the contributing authority shall refund to the paying authority a part of the allowance reckoned according to the service and pay or the contributions of such person under the contributing authority and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.

92 Appeal to the Minister.

92.—(1) Where—

(a) an officer or servant of a mental hospital authority resigns or otherwise ceases to hold office or employment under the authority, and

(b) the officer or servant is aggrieved by the grant made pur suant to this Part of this Act by the authority to him or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant to him,

the officer or servant may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after having resigned or otherwise ceased to hold office or employment, report the facts of the case to the Minister and the Minister, if he is satisfied that the officer or servant has good reason for being aggrieved, may make any grant to the officer or servant which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.

(2) Where—

(a) an officer or servant of a mental hospital authority dies, and

(b) the legal personal representative of the deceased, or, in case the deceased is a widower survived by one or more than one dependent child under sixteen years of age, any person acting on behalf of the child or children, is aggrieved by the grant made pursuant to this Part of this Act by the authority in relation to the deceased or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant in relation to the deceased,

such representative or person may within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that such representative or person has good reason for being aggrieved, may make any grant in relation to the deceased which he thinks just and which could have been made by the authority, and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.

(3) Where, in a case to which sub-section (1) or sub-section (3) of section 77 of this Act is applicable, the widow of a deceased officer or servant of a mental hospital authority is aggrieved by the neglect or refusal of the authority to make pursuant to that sub-section a grant to her, she may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that she has good reason for being aggrieved, may make any grant to her which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority.

93 Age limit.

93.—(1) The Minister may by regulations declare any specified age to be the age limit for all officers of mental hospital authorities, for such officers of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified officer of a mental hospital authority.

(2) The Minister may by regulations declare any specified age to be the age limit for all servants of mental hospital authorities, for such servants of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified servant of a mental hospital authority.

(3) A declaration under this section shall come into force six months after the day on which it is made.

(4) If, on the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches or is older than the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day when the declaration comes into force.

(5) If, on a day after the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day after the day on which the declaration comes into force.

PART IX. Miscellaneous Provisions Relating to Mental Hospital Authorities.

94 Resident medical superintendent.

94.—(1) There shall be a chief medical officer for a district mental hospital and such officer shall be known and is in this Act referred to as a resident medical superintendent.

(2) Where, in addition to their district mental hospital, a mental hospital authority maintain any other institution, the resident medical superintendent of their district mental hospital shall exercise such control over the other institution as the mental hospital authority, with the consent of the Minister, may determine.

(3) A resident medical superintendent shall reside in the residential accommodation provided for him by the mental hospital authority by whom he was appointed.

95 Committees of mental hospital authorities.

95.—(1) A mental hospital authority may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of their powers, duties and functions under this Act which in their opinion would be better or more conveniently regulated or managed by or through a committee.

(2) The acts of a committee appointed under this section shall be subject to confirmation by the mental hospital authority appointing the committee, save that the mental hospital authority may, with the sanction of the Minister, empower the committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by the mental hospital authority which the mental hospital authority themselves could lawfully do.

(3) The quorum, procedure, and place of meeting of a committee appointed under this section shall be such as may be appointed by regulations to be made by the mental hospital authority appointing the committee.

(4) The appointment under sub-section (1) of this section of a committee and the making under sub-section (3) of this section of regulations shall be reserved functions for the purposes of the County Management Acts, 1940 and 1942.

(5) The provisions of sub-section (2) of section 18 of the County Management Act, 1940 (No. 12 of 1940), shall apply in relation to the power to delegate conferred on a mental hospital authority by sub-section (1) of this section.

96 Visiting committee of district mental hospital.

96.—(1) A mental hospital authority shall from time to time appoint a committee to visit their district mental hospital and the other institutions and accommodation maintained by them.

(2) The following provisions shall have effect in relation to the members of a visiting committee of a district mental hospital:—

(a) the number of the members shall not exceed one-third of the number of the members of the mental hospital authority by whom the committee were appointed;

(b) not more than one-half of the members may be persons who are not members of such authority;

(d) all casual vacancies in the membership shall be filled by such authority.

(3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of a district mental hospital to do the following things:—

(a) from time to time to visit the hospital and the other institutions and accommodation maintained by the mental hospital authority by whom they were appointed and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private;

(b) to report to such authority any abuses which they may observe in the course of their visits;

(c) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed;

(d) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.

(4) The visiting committee of a district mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.

(5) The appointment of the chairman of the visiting committee of a district mental hospital, and their meetings and the quorum and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.

(6) The visiting committee of a district mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the district mental hospital and the other insitutions and accommodation maintained by the mental hospital authority by whom they were appointed and to have free access to every part thereof subject to compliance with the rules made under this section.

(7) The Minister may make rules prescribing the powers and duties of visiting committees of district mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.

(8) The visiting committee of a district mental hospital shall comply with and observe the rules made by the Minister under sub-section (7) of this section and for the time being in force so far as such rules apply to such committee.

(9) Every rule in force immediately before the commencement of this Part of this Act under sub-section (6) (repealed by this Act) of section 34 of the County Management Act, 1940 (No. 12 of 1940), shall, upon the commencement of this Part of this Act, continue in force and shall be capable of being amended or revoked as if it were duly made under this section.

(10) Where a mental hospital authority maintains an auxiliary mental hospital which is not a part of their district mental hospital, the foregoing provisions of this section shall not apply to the auxiliary mental hospital and, in lieu thereof, the provisions of section 97 of this Act shall apply thereto.

97 Visiting committee of auxiliary mental hospital.

97.—(1) Where a mental hospital authority maintain an auxiliary mental hospital which is not a part of their district mental hospital, they shall from time to time appoint a committee to visit their auxiliary mental hospital.

(2) The following provisions shall have effect in relation to the members of a visiting committee of an auxiliary mental hospital:—

(a) the number of members shall not exceed one-third of the number of members of the mental hospital authority by whom the committee were appointed;

(b) not more than one-half of the members may be persons who are not members of such authority;

(d) all casual vacancies in the membership shall be filled by such authority.

(3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of an auxiliary mental hospital to do the following things:—

(a) from time to time to visit the hospital and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private;

(b) to report to the mental hospital authority by whom they were appointed any abuses which they may observe in the course of their visits;

(c) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed;

(d) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.

(4) The visiting committee of an auxiliary mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.

(5) The appointment of the chairman of the visiting committee of an auxiliary mental hospital, and their meetings and the quorum and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.

(6) The visiting committee of an auxiliary mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the hospital and to have free access to every part thereof subject to compliance with the rules made under this section.

(7) The Minister may make rules prescribing the powers and duties of visiting committees of auxiliary mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.

(8) The visiting committee of an auxiliary mental hospital shall comply with and observe the rules made by the Minister under sub-section (7) of this section and for the time being in force so far as such rules apply to such committee.

98 Joint administration of mental hospital districts.

98.—(1) Where it appears to the Minister, after consultation with the mental hospital authorities of two or more mental hospital districts, that the joint management and administration of those districts for any particular purpose of or connected with the administration of this Act would tend to reduce expense or would otherwise be of public or local advantage, the Minister may by order direct that the administration of this Act in those districts shall, for the purpose specified in the order, be managed and conducted jointly by the respective mental hospital authorities of those districts through and by an authority to be set up under and in accordance with the order.

(2) An order made by the Minister under sub-section (1) of this section shall—

(a) provide for the setting up of the relevant joint authority and for the constitution, membership, procedure, finance, and officers thereof,

(b) define the functions of the joint authority and, where appropriate, delimit the respective functions of the joint authority and of the mental hospital authorities of the mental hospital districts forming the functional area of the joint authority,

(c) make such provision as the Minister thinks proper for the allocation to the joint authority of appropriate portions of the assets and property of such mental hospital authorities and for the defrayal by such mental hospital authorities of the liabilities of the joint authority and generally for the adjustment between such mental hospital authorities respectively and the joint authority of present and future property and liabilities,

(d) provide for the vesting of all property acquired by the joint authority in such mental hospital authorities in such proportions and manner as the Minister thinks proper and specifies in the order,

(e) generally make such provisions as appear to the Minister to be necessary or proper for securing the due execution by the joint authority of the purposes for which it is constituted.

(3) The respective mental hospital authorities of the several mental hospital districts forming the functional area of a joint authority shall cease to exercise or perform such of their respective powers and duties as are included by the order setting up the joint authority in the functions of the joint authority and those powers and duties shall be exercised and performed by the joint authority.

(4) The Minister may at any time at his discretion revoke or amend any order previously made by him under this section and, in particular, may at any time by order dissolve a joint authority set up under this section and make all such provisions as appear to him to be necessary or proper for the restoration of the functions of the joint authority to the several mental hospital authorities to whom those functions originally belonged or for any other purpose consequential on the dissolution of the joint authority.

99 Reception of minutes of proceedings at meeting of joint board as evidence, etc.

99.—(1) All minutes of the proceedings at a meeting of a joint board which purport to be signed by the chairman of such meeting or by the chairman of the next subsequent meeting of the board shall (without proof of the signature of the person by whom the minutes purport to be signed or that such person was in fact the chairman of the meeting at which the minutes purport to be signed) be received in all legal proceedings as prima facie evidence of the proceedings at the meeting to which the minutes relate and as prima facie evidence that such meeting was convened, held, and conducted according to law.

(2) A copy of a resolution passed or order made at a meeting of a joint board purporting to be certified by the chief clerk to the joint board to be a true copy of the resolution or order shall be received in all legal proceedings as prima facie evidence of the passing of the resolution or the making of the order (as the case may be) and of the terms thereof without proof of the signature of the person by whom the copy purports to be so certified or that he was in fact such chief clerk.

100 Joint board as local authority for purposes of certain Acts.

100.—A joint board shall be a local authority within the meaning and for the purposes of the Acts mentioned in the Fourth Schedule to this Act.

101 Arrangement for maintenance in institution not maintained by relevant mental hospital authority.

101.—(1) A mental hospital authority may, with the consent of the Minister, make and carry out an arrangement for the maintenance, in a special instituiton, of any class of their chargeable patients.

(2) The Minister may withdraw a consent given by him under sub-section (1) of this section and thereupon the arrangement to which the consent relates shall terminate and the mental hospital authority to whom the consent was given shall remove any patient, who is being maintained in pursuance of the arrangement in a special institution, from that institution.

(3) In this section, the expression “special institution” means any home, hospital, or other institution not maintained by the mental hospital authority making the relevant arrangement for maintenance and suitable for the treatment of the persons for whom such arrangement is made.

102 Arrangement for treatment in approved institutions.

102.—A mental hospital authority may make and carry out an arrangement for the reception and treatment, as temporary patients or voluntary patients in an approved institution, of any of their chargeable patients.

103 Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.

103.—(1) Any two mental hospital authorities may, with the consent of the Minister, make and carry out an arrangement for the reception into the district mental hospital or any other institution maintained by one of the authorities of patients maintained by the other authority.

(2) The Minister may withdraw a consent given by him under sub-section (1) of this section and thereupon the arrangement to which the consent relates shall terminate and any patient received under the arrangement shall be removed by the mental hospital authority by whom he was sent for reception under the arrangement.

104 Religious services and chaplains in institutions maintained by mental hospital authority.

104.—(1) The Minister shall by order make provision for the due performance of religious services and the affording of religious aid in district mental hospitals and other institutions maintained by mental hospital authorities.

(2) A mental hospital authority shall appoint in relation to every district mental hospital and other institution maintained by them suitable persons to hold office as chaplains thereto.

(3) An office of chaplain to which appointments are made under this section shall not be an office to which the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), applies.

105 Regulations as to contracts by mental hospital authorities.

105.—(1) The Minister may, if he so thinks fit, make regulations in relation to the entering into and making of contracts by mental hospital authorities and any such regulations may relate to contracts generally or to contracts of a specified class.

(2) Where regulations made under this section are for the time being in force, all contracts to which such regulations relate made by a mental hospital authority shall be entered into and made in accordance with such regulations and, if any such contract is not so entered into or is not so made, it shall, if the Minister so directs, be wholly void and shall, unless or until the Minister gives such direction, be voidable at the option of any party thereto.

(3) Where a contract made or entered into by a mental hospital authority is avoided under this section, whether by the Minister or a party thereto, all payments made by the authority or any officer thereof in purported pursuance of the contract after it has been avoided shall, in the accounts of the authority or officer (as the case may be), be disallowed as being contrary to law.

(4) Nothing in this section or any regulation made thereunder shall prejudice or affect the application of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925), or of the Local Authorities (Combined Purchasing) Act, 1939 (No. 14 of 1939), to mental hospital authorities or the operation of either of those Acts in relation to such authorities.

106 Contributions to associations and societies for prevention and treatment of mental disease.

106.—A mental hospital authority may, with the consent of the Minister, pay an annual contribution to the funds of any association or society for the prevention or treatment of mental disease.

107 Burials.

107.—(1) A mental hospital authority or, in case of urgency, their resident medical superintendent may provide for the burial at any place within the mental hospital district of such authority of the body of a person who dies while being maintained as a chargeable patient in the mental hospital district of such authority.

(2) Where a person who is being maintained as a chargeable patient outside the mental hospital district of the mental hospital authority responsible for such maintenance dies, such authority may provide for the burial of the body of such person in a burial ground at a convenient distance from the place where the death occurred or may provide for the bringing of the body into their mental hospital district and its burial there.

(3) Where a mental hospital authority incur under this section expenses in relation to the body of a deceased person, they may obtain repayment of the expenses from the property of the deceased person or from any person who was liable to maintain him immediately before his death as if the expenses were the cost of mental hospital assistance given to the deceased person before his death.

108 Transfer of patient to proper district mental hospital, etc.

108.—(1) Where a person received as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority is not ordinarily resident in their mental hospital district, such authority shall give notice of the reception to the mental hospital authority for the mental hospital district in which the person ordinarily resides.

(2) Where a mental hospital authority gives to another mental hospital authority a notice under sub-section (1) of this section in relation to any person—

(a) such other authority may arrange for the transfer of such person to their district mental hospital,

(b) such other authority shall be liable to the first-mentioned authority for the full cost, determined in the prescribed manner, of the care, maintenance, and treatment given to such person from the time when the notice is given until such time as such person may be transferred under an arrangement made under paragraph (a) of this sub-section.

(3) Any dispute as to the mental hospital district in which a person ordinarily resides shall be determined for the purposes of this section by the Minister, whose decision shall be final.

109 Admission of persons as private patients to mental institution maintained by mental hospital authority.

109.—(1) A mental hospital authority may, if they so think proper, make regulations in relation to any particular institution maintained by them authorising and regulating, subject to the provisions of this Act and of every other enactment, either or both of the following matters:—

(a) the admission of persons as private patients to the institution and their accommodation therein,

(b) the affording to persons as private patients of advice or treatment in the institution.

(2) Where a mental hospital authority make regulations under sub-section (1) of this section, they shall submit the regulations to the Minister for his approval and the regulations may be approved of by the Minister (if he thinks proper so to do) either with or without modification and shall come into operation if and when and as so approved of.

(3) The Minister may at any time require a mental hospital authority to make and submit regulations (including amending regulations) under sub-section (1) of this section in respect of any particular institution maintained by them, and, if they do not make and submit such regulations within three months after being required by the Minister so to do or if they make and submit in pursuance of such requisition regulations which the Minister refuses to approve of, the Minister, if he so thinks proper, may himself make the regulations mentioned in such requisition and may therein appoint the day on which they shall come into operation.

(4) Regulations made under this section in relation to an institution—

(a) shall contain provisions in regard to the payment to be made, by or in respect of the persons admitted as private patients to the institution, to the mental hospital authority maintaining the institution for the accommodation, advice, or treatment received by such persons in the institution, and regulating the amount of such payments,

(b) shall provide that no person shall be admitted as a private patient to the institution unless there is available for him in the institution at the time of his admission thereto accommodation not required for persons who are receivable in the institution as chargeable patients.

(5) No person shall be admitted to or accommodated, advised, or treated in an institution maintained by a mental hospital authority as a private patient unless regulations made under this section are in operation in respect of such institution, and no person shall be admitted to or accommodated, advised, or treated in such institution as a private patient otherwise than in accordance with such regulations.

(6) A registered medical practitioner in the service of a mental hospital authority maintaining an institution shall not demand or take from a person admitted to or advised or treated in the institution as a private patient under regulations made under this section any payment in respect of advice or treatment afforded by the practitioner to such person in the institution.

(7) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 194.0 and 1942.

110 Regulations for guidance and control of mental hospital authorities and their officers.

110.—The Minister may make such regulations, whether in relation to all or one or more mental hospital authorities, as appear to him to be expedient for the guidance and control of such authorities and their officers or servants in the performance of their functions under this Act and for securing the efficient administration of this Act, and it shall be the duty of a mental hospital authority or officer or servant to whom any such regulations relate to comply with such regulations.

PART X. Private Institutions.

111 Definitions for purposes of Part X.

111.—In this Part of this Act—

the expression “the register” means the register of private institutions kept under this Part of this Act,

the expression “registered proprietor” means, in relation to a private institution registered in the register, the person whose name is entered in the register in respect of such institution.

112 Register of private institutions.

112.—(1) The Minister shall keep a register of private institutions.

(2) There shall be entered in the register in respect of each private institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.

113 Obligation to register private institution.

113.—It shall not be lawful for any person to carry on a private institution unless it is registered in the register and such person is the registered proprietor thereof.

114 Exceptions from obligation to register private institution.

114.—Section 113 of this Act shall not apply in relation to the taking care in an institution or premises of any person of unsound mind—

(a) who is absent under this Act from a mental institution on trial, or

(b) who is sent under this Act from a mental institution for treatment, or

115 Application for registration or renewal of registration of private institution.

115.—(1) An application for the registration of a private institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.

(2) An application for the renewal of the registration of a private institution in the register shall be made by the registered proprietor in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.

(3) Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private institution in question as the Minister considers necessary for the consideration of the application.

(4) The Minister may cause an inspection to be made of a private institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.

(5) An application for the renewal of a registration in the register shall be made—

(a) in the case of a first application for renewal, in the tenth month after the month in which the registration was made,

(b) in any other case, in the tenth month after the month in which, pursuant to this Part of this Act, the last renewal of the registration began to take effect.

116 Duration of registration of private institution.

116.—(1) Where a private institution is registered in the register it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.

(2) Where an application for renewal of the registration of a private institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case maybe) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

(3) Where an application for renewal of the registration of a private institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register—

(a) the institution shall be deemed to continue to be registered in the register until the decision is given,

(b) if the decision is a decision granting a renewal, such renewal shall have effect as from the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

117 Certificate of registration or renewal of registration of private institution.

117.—Where the Minister registers or renews the registration of a private institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.

118 Refusal of registration or renewal of registration of private institution and removal from register of private institution.

118.—(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private institution in the register, refuse to renew the registration of a private institution in the register, or remove a private institution from the register.

(2) Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.

(3) Where a person informs the Minister under sub-section (2) of this section of his desire to show cause why an order should not be made, the Minister shall, before making such order, give him an opportunity to show cause.

119 Grounds for refusal of registration of private institution.

119.—The following (and no other) shall be the grounds for refusing an application for the registration of a private institution in the register:—

(a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put,

(e) that the Minister is satisfied that the person or persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister,

(f) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this Part of this Act are not furnished within a reasonable time or are refused to be furnished.

120 Grounds for refusing renewal of registration of private institution.

120.—The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private institution in the register:—

(a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

(e) that the Minister is satisfied that the person or persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister,

(f) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate,

(g) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate,

(h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

(i) that there has been a conviction in relation to the institution of any offence under this Act,

(j) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.

121 Grounds for removal of private institution from register.

121.—The following (and no other) shall be the grounds for removing a private institution from the register:—

(a) that the person carrying on the institution is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

(f) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate,

(g) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate,

(h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

(i) that there has been a conviction in relation to the institution of any offence under this Act.

122 Continuation of certain powers after removal of private institution from register or after registration not being renewed.

122.—Where a private institution registered in the register is removed therefrom or the registration of a private institution registered in the register is not renewed, the powers conferred by this Act on the Minister and on the Inspector of Mental Hospitals in relation to the institution and the provisions of this Act in relation to the discharge, removal, and transfer of the patients in the institution shall continue in force for a period of three months thereafter and it shall be lawful to carry on the institution during that period for the purposes of effecting such discharge, removal, and transfer.

123 Disqualification from being member of governing body of private institution.

123.—Where a governing body manages a private institution registered in the register, no medical or other officer and no servant of the institution shall be a member of the governing body unless he is the owner or part owner of the institution or is a member of a religious community on whose behalf the institution is carried on or the Minister consents to his being a member of the governing body.

124 Provisions consequent upon transfer, etc., of private institution.

124.—Where a private institution registered in the register ceases, consequent upon any transfer, death, or other event, to be carried on by the registered proprietor, the person (if any) who continues to carry on the institution shall, on making written application (accompanied by the prescribed fee) to the Minister not later than fourteen days after such cesser and provided he is approved of by the Minister, be entitled to have his name entered in the register as the registered proprietor, and such person shall, on making such application, be deemed to be the registered proprietor as from such cesser until the Minister decides such application.

125 Striking out or correction of registration of private institution.

125.—The Minister shall—

(a) strike out a registration in the register which has ceased to have effect,

(b) from time to time make such corrections in the registrations in the register as he ascertains to be proper.

126 Addition to or alteration of premises of private institution.

126.—No addition to or structural alteration of the premises of a private institution registered in the register shall be made unless—

(a) written notice of the addition or alteration, accompanied by the prescribed plans thereof, is given to the Minister, and

(b) the Minister consents to the carrying out of the addition or alteration.

127 Keeping of plans of premises of private institution available for inspection.

127.—Where any plan in relation to the premises of a private institution registered in the register has been submitted to the Minister under this Part of this Act either for the purposes of obtaining the registration of the institution or otherwise, a copy of such plan shall be kept available in the institution for inspection by any person authorised by the Minister to inspect such copy.

128 Restriction on number of patients in private institution.

128.—The number of male persons or female persons of unsound mind taken care of in a private institution registered in the register shall not exceed the number specified in that behalf in the register.

129 Visitation of private institution where two or more patients are kept.

129.—(1) The Minister may make regulations requiring the visitation by registered medical practitioners of private institutions registered in the register where two or more persons of unsound mind are taken care of and prescribing the duties to be performed by such practitioners, and any such regulations may relate to all those institutions, to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.

(2) Where, in relation to a private institution registered in the register, there is a failure to comply with any regulation for the time being in force under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

130 Visitation of sole patient in private institution.

130.—(1) Where one person only of unsound mind is taken care of in a private institution registered in the register, the Minister may by order direct how often such person is to be visited by a registered medical practitioner, and the provisions of such order shall be duly complied with.

(2) Unless and until an order is made in relation to any particular person under sub-section (1) of this section, such person shall be visited twice at least in each week by a registered medical practitioner.

(3) A registered medical practitioner visiting pursuant to this section or an order made thereunder shall at each visit make and sign a statement in the prescribed form as to the health of the person visited and the registered proprietor of the private institution where the visit is made shall retain such statement in the institution for inspection by the Inspector of Mental Hospitals.

(4) The Minister may require a registered medical practitioner visiting pursuant to this section or an order made thereunder to furnish to the Minister a report in writing as to the condition of the person visited and such practitioner shall comply with the requirement of the Minister.

(5) The Minister may by order direct that the services of any registered medical practitioner visiting a person of unsound mind who is the sole person taken care of in a private institution registered in the register shall be dispensed with and that, in lieu thereof, the services of some other registered medical practitioner be obtained, and the provisions of such order shall be duly complied with.

131 Register of patients in private institution.

131.—There shall be kept, in respect of a private institution registered in the register, a register in the prescribed form in which the prescribed particulars in regard to every person of unsound mind taken care of in the institution shall be entered.

132 Regulations governing carrying on of private institution, etc.

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

(a) governing the carrying on of private institutions registered in the register,

(b) prescribing the medical staffs to be employed in connection with such institutions,

(2) Regulations under this section may relate to all private institutions registered in the register, 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 private institution registered in the register, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the registered proprietor 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 XI. Private Charitable Institutions.

133 Definitions for purposes of Part XI.

133.—In this Part of this Act—

the expression “the register” means the register of private charitable institutions kept under this Part of this Act;

the expression “registered proprietor” means, in relation to a private charitable institution registered in the register, the person whose name is entered in the register in respect of such institution.

134 Register of private charitable institutions.

134.—(1) The Minister shall keep a register of private charitable institutions.

(2) There shall be entered in the register in respect of each private charitable institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.

135 Obligation to register private charitable institution.

135.—It shall not be lawful for any person to carry on a private charitable institution unless it is registered in the register and such person is the registered proprietor thereof.

136 Exceptions from obligation to register private charitable institution.

136.—Section 135 of this Act shall not apply in relation to the taking care in an institution of any person of unsound mind—

(a) who is absent under this Act from a mental institution on trial, or

(b) who is sent under this Act from a mental institution for treatment, or

137 Application for registration or renewal of registration of private charitable institution.

137.—(1) An application for the registration of a private charitable institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner and shall contain the prescribed particulars.

(2) An application for the renewal of the registration of a private charitable institution in the register shall be made by the registered proprietor in the prescribed form and manner and shall contain the prescribed particulars.

(3) Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private charitable institution in question as the Minister considers necessary for the consideration of the application.

(4) The Minister may cause an inspection to be made of a private charitable institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.

(5) An application for the renewal of a registration in the register shall be made—

(a) in the case of a first application for renewal, in the tenth month after the month in which the registration was made,

(b) in any other case, in the tenth month after the month in which, pursuant to this Part of this Act, the last renewal of the registration began to take effect.

138 Duration of registration of private charitable institution.

138.—(1) Where a private charitable institution is registered in the register, it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.

(2) Where an application for renewal of the registration of a private charitable institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

(3) Where an application for renewal of the registration of a private charitable institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register—

(a) the institution shall be deemed to continue to be registered in the register until the decision is given,

139 Certificate of registration or renewal of registration of private charitable institution.

139.—Where the Minister registers or renews the registration of a private charitable institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.

140 Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.

140.—(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private charitable institution in the register, refuse to renew the registration of a private charitable institution in the register, or remove a private charitable institution from the register.

(2) Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private charitable institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.

141 Grounds for refusal of registration of private charitable institution.

141.—The following (and no other) shall be the grounds for refusing an application for the registration of a private charitable institution in the register:—

(a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put,

(e) that the Minister is satisfied that the persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister,

(f) that the Minister is satisfied that the institution will not be carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost,

(g) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this part of this Act are not furnished within a reasonable time or are refused to be furnished.

142 Grounds for refusing renewal of registration of private charitable institution.

142.—The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private charitable institution in the register:—

(a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

(e) that the Minister is satisfied that the persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister,

(f) that the Minister is satisfied that the care or treatment afforded to such persons has been inadequate,

(g) that the Minister is satisfied that the food given to such persons has been unsuitable or inadequate,

(h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

(i) that there has been a conviction in relation to the institution of any offence under this Act,

(j) that the Minister is satisfied that the institution is not carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost,

(k) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.

143 Grounds for removal of private charitable institution from register.

143.—The following (and no other) shall be the grounds for removing a private charitable institution from the register:—