MENTAL TREATMENT (DETENTION IN APPROVED INSTITUTIONS) ACT, 1961

Type Act

Publication 1961-03-09

Last updated 2001-07-08

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2001-07-08, MENTAL HEALTH ACT, 2001

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AN ACT TO MAKE PROVISION WITH RESPECT TO CERTAIN PERSONS DETAINED IN APPROVED INSTITUTIONS. [9th March, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Provisions with respect to certain persons detained in approved institutions.

1.—Where—

(a) before the passing of this Act a request was made pursuant to paragraph (a) of subsection (1) of section 189 of the Mental Treatment Act, 1945, for the extension of a person's period of detention in an approved institution, and

(b) the person has, for a period beginning on a day less than six months before such passing and ending on such passing, been detained in the approved institution notwithstanding that no order pursuant to paragraph (b) of that subsection was made extending the period of detention by a further period including the said period beginning on that day,

the following provisions shall have effect:

(i) the person may be detained until the expiration of the period of six months beginning on that day as if an order in that behalf had been duly made under the said paragraph (b),

(ii) for the purposes of making, in relation to the person, a series of orders under the said paragraph (b), this section shall be regarded as an order duly made as aforesaid extending the period of detention by the said period of six months, and

(iii) no damages shall be recoverable by or on behalf of the person in respect merely of his detention during the said period ending on the passing of this Act.

2 Short title, construction and collective citation.

2.—(1) This Act may be cited as the Mental Treatment (Detention in Approved Institutions) Act, 1961.

(2) The Mental Treatment Acts, 1945 to 1958, and this Act shall be construed together as one Act and may be cited together as the Mental Treatment Acts, 1945 to 1961.

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