MENTAL TREATMENT ACT, 1953

AN ACT TO AMEND AND EXTEND THE MENTAL TREATMENT ACT, 1945. [18th December, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—(1) In this Act “the Principal Act” means the Mental Treatment Act, 1945 (No. 19 of 1945).

• (2) The Principal Act and this Act shall be construed together as one Act.

2 Amendment of section 5 (1) of Principal Act.

2.—Subsection (1) of section 5 of the Principal Act is hereby amended by the insertion in subparagraph (i) of paragraph (a) of “is available and” before “is not disqualified” and by the insertion in subparagraph (ii) of that paragraph of “is not available or” before “is disqualified”.

3 Exercise or performance of certain powers and duties.

3.—(1) A power or duty under the Principal Act of the resident medical superintendent, the chief medical officer or the person in charge of a district mental hospital may be exercised or performed by any other medical officer of the institution authorised in that behalf by the mental hospital authority maintaining the institution.

• (2) A power or duty under the Principal Act of the chief medical officer of a mental institution other than a district mental hospital may be exercised or performed by any other medical officer of the institution authorised in that behalf by the person in charge of the institution.

• (3) A power or duty under the Principal Act of the person in charge of a mental institution other than a district mental hospital may be exercised or performed by any officer of the institution authorised in that behalf by the person in charge.

• (4) Where—

• (a) an order (in this subsection referred to as the primary order) to have a person (in this subsection referred to as the patient) received and detained as a temporary patient and as a chargeable patient or private patient in an approved institution was signed before the passing of this Act,

• (b) the person who signed the primary order was then an officer of the institution but was not then the person in charge of the institution,

• (c) in pursuance of the primary order and before the passing of this Act, the patient was received and detained as a temporary patient and as a chargeable patient or private patient in the institution, and

• (d) at the passing of this Act, the patient remains detained (whether in pursuance of the primary order alone or in pursuance of the primary order and an order or orders made by the Minister in relation to the primary order for the purpose of extending the period of detention) as a temporary patient and as a chargeable patient or private patient in the institution,

the following provisions shall have effect:—

• (I) the primary order shall be deemed to have been made by the person in charge of the institution and to have been signed by him, and the application for the primary order shall be deemed to have been made to such person in charge, and

• (II) in case an order or orders was made as aforesaid by the Minister—

• (i) the order or orders shall be deemed to have been made in relation to the primary order as deemed to have been made, signed and applied for as aforesaid,

• (ii) if, as respects the order or any of the orders, the request therefor was made by an officer of the institution who was not the person in charge of the institution, it shall be deemed to have been made by such person in charge, and

• (iii) if, as respects the order or any of the orders, the person who became of opinion that the patient would not have recovered on the expiration of the period of detention was a medical officer of the institution who was not the chief medical officer of the institution, he shall be deemed to have been such chief medical officer.

• (5) Where at the passing of this Act a person is detained in an approved institution in pursuance of an order (in this subsection referred to as the primary order) which is a temporary chargeable patient reception order or a temporary private patient reception order and an order or orders made by the Minister in relation to the primary order for the purpose of extending the period of detention—

• (a) if, as respects the order or any of the orders, the request therefor was made by an officer of the institution who was not the person in charge of the institution, it shall be deemed to have been made by such person in charge, and

• (b) if, as respects the order or any of the orders, the person who became of opinion that the patient would not have recovered on the expiration of the period of detention was a medical officer of the institution who was not the chief medical officer of the institution, he shall be deemed to have been such chief medical officer.

4 Cases of urgency, etc. (Chapter III, Part XIV of Principal Act).

4.—Where—

• (a) it is desired, in a case of urgency, to have a person received and detained as a temporary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which he is for the time being, not being the mental hospital district in which he ordinarily resides, or

• (b) it is desired, in a case where the mental hospital district in which a person ordinarily resides cannot be ascertained readily, to have such person received and detained as a temporary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which he is for the time being,

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

5 Taking, conveying and detention in certain cases.

5.—(1) Where, in the case of an application under section 184 or section 185 of the Principal Act, a medical certificate under the section has been given, the following provisions shall have effect:—

• (a) the applicant or any person authorised by him may, not later than seven days after the date of the examination, take the person to whom the application relates and convey him to the institution in which it is desired to have him received and detained;

• (b) if the power conferred by paragraph (a) of this subsection is exercised—

• (i) any of the persons specified in subsection (4) of this section may receive and take charge of the person to whom the application relates and detain him until the expiration of a period of twelve hours or, if the application is granted or refused during that period, until it is granted or refused, and

• (ii) where the application is granted, so much of subsection (1) of section 186 of the Principal Act as relates to the taking and conveying of the person to whom the application relates to the approved institution and to receiving him therein shall not apply.

• (2) In subsection (1) of this section “the date of the examination” means—

• (a) in the case of an application under section 184 of the Principal Act, the date of the examination as specified in the relevant medical certificate, and

• (b) in the case of an application under section 185 of the Principal Act—

• (i) where the examinations to which the relevant medical certificate relates were made on the same date, that date, and

• (ii) where the examinations to which the relevant medical certificate relates were made on different dates, the earlier of those dates.

• (3)
• (a) Notwithstanding subsection (1) of this section, where a medical certificate has been given under section 184 of the Principal Act and it is proposed to exercise the power conferred by paragraph (a) of that subsection—

• (i) the applicant shall, before exercising the said power, inform the person to whom the application relates of the nature of the medical certificate and of the fact that such person may request a second medical examination, and

• (ii) if such request is made, the said power shall not be exercised unless such second examination has been made and the registered medical practitioner who made it has signified in writing that he agrees with the medical certificate.

• (b) A registered medical practitioner shall not signify under this subsection his agreement with a medical certificate relating to a person if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person.

• (4) The persons entitled to receive and take charge of a person under this section shall be the person in charge of the approved institution in which it is desired to have such person received and detained and his officers, assistants, and servants and any medical officer of such institution.

6 Short title and collective citation.

6.—(1) This Act may be cited as the Mental Treatment Act, 1953.

• (2) The Principal Act and this Act may be cited together as the Mental Treatment Acts, 1945 and 1953.