MENTAL HEALTH ACT 2026

An Act to provide for the admission to, and discharge from, registered acute mental health centres, of adult persons in certain circumstances and, for the involuntary admission of adult persons who meet the criteria for involuntary admission to such centres; to provide for the criteria for, and review of, involuntary admission of adult persons to registered acute mental health centres; and, for those purposes, to provide for the establishment of mental health review boards; to provide for the care and treatment of adult persons in registered acute mental health centres and to provide that treatment, other than in certain limited circumstances, shall not be given to adult persons without consent being given for such treatment; to regulate the application, in certain limited circumstances, of restrictive practices in respect of adult persons who are admitted to registered acute mental health centres; to provide for the admission to and discharge from registered acute mental health centres of children on a voluntary basis and with parental consent; to provide for the involuntary admission to, and discharge from, registered acute mental health centres of children who meet the criteria for involuntary admission of children to registered acute mental health centres by way of application to the Family District Court or the District Court, as the case may be; to provide for the criteria for, and review of, involuntary admission of children to registered acute mental health centres; to provide for the treatment of children in registered acute mental health centres and to provide that treatment, other than in certain limited circumstances, shall not be given to children without consent being given for such treatment; to regulate the application, in certain limited circumstances, of restrictive practices and the prohibition on administration of electro convulsive therapy in respect of children who are admitted to registered acute mental health centres; to provide for applications to be made to court to provide for the entitlements of persons admitted to registered acute mental health centres; to provide for the continuation in being of the Mental Health Commission and the Inspector of Mental Health Services; to provide for the establishment and maintenance of a register of acute mental health centres, a register of community mental health centres and a register of community mental health services for such centres and services registered under and in accordance with this Act; to provide for the regulation of mental health services including registered acute mental health centres, registered community mental health centres and registered community mental health services; to provide for the monitoring and enforcement of compliance with the provisions of this Act by the Mental Health Commission; to repeal the Mental Health Act 2001 and certain other enactments; to provide for the amendment of the Assisted Decision-Making (Capacity) Act 2015 and certain other enactments; and to provide for related matters.

[7th May, 2026]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Mental Health Act 2026.

• (2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions and for the repeal of different provisions of the enactments effected by section 5.

2. Interpretation

2. (1) In this Act—

“Act of 1991” means the Child Care Act 1991;

“Act of 1997” means the European Parliament Elections Act 1997;

“Act of 2001” means the Mental Health Act 2001;

“Act of 2007” means the Medical Practitioners Act 2007;

“Act of 2014” means the Companies Act 2014;

“Act of 2015” means the Assisted Decision-Making (Capacity) Act 2015;

“Act of 2018”, other than in Chapter 2 of Part 7, means the Domestic Violence Act 2018;

“adult” means a person who is 18 years of age or older;

“Agency” means the Child and Family Agency;

“Assistant Inspector” means a person appointed under section 137;

“authorised officer” means an officer of the Executive who is of a prescribed rank or grade and who is authorised by the Director General of the Executive to exercise the powers conferred on authorised officers by or under this Act;

“Board” has the meaning assigned to it in section 101;

“capacity”, in relation to an adult or a child, has the same meaning as it has in section 2 of the Act of 2015, and shall be construed in accordance with section 3 of that Act;

“capacity assessment” means—

• (a) in relation to an adult, an assessment or a second capacity assessment carried out in accordance with section 45, and

• (b) in relation to a child aged 16 years or older, an assessment or a second capacity assessment carried out in accordance with section 61;

“care order” has the same meaning as it has in section 18 of the Act of 1991;

“care plan” means—

• (a) in relation to an adult, a plan prepared under section 186 by a member of a person’s multidisciplinary team, and where possible, in consultation with the person the subject of the plan, and

• (b) in relation to a child, a plan prepared under section 187 by a member of a child’s multidisciplinary team, and where possible, in consultation with the child where appropriate or the relevant consulted carers, if any, of the child the subject of the plan;

“Chief Executive Officer” means the chief executive officer of the Commission appointed in accordance with section 110;

“Chief Inspector” means the person who holds the office of Inspector of Mental Health Services in accordance with section 134;

“child” means a person who has not attained the age of 18 years;

“child aged 16 years or older lacking necessary capacity admitted with parental consent” means a child admitted to a registered acute mental health centre under section 64;

“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 applies;

“clinical director” means a person appointed by the governing body of a registered acute mental health centre under section 172;

“code of practice” means a code of practice issued and published under this Act which is for the time being in force and includes part of such a code;

“cohabitant” means one of 2 adults (whether of the same or opposite sex) who live together as a couple in an intimate and committed relationship and who are not married to each other or civil partners of each other;

“Commission” means the Mental Health Commission established by the Act of 2001 and continued in being under section 99;

“consultant psychiatrist” means a registered medical practitioner who is registered in the Specialist Division under the medical specialty of “Psychiatry”;

“criteria for involuntary admission” shall be construed in accordance with section 11;

“criteria for involuntary admission of a child” shall be construed in accordance with section 65;

“decision” means, unless the context otherwise requires, a decision under this Act concerning the care and treatment of a person and includes, but is not limited to, a decision to make an involuntary admission order or a renewal order in relation to the person;

“decision-making representative” has the same meaning as it has in section 2 of the Act of 2015;

“designated centre”, other than in section 153, has the same meaning as it has in the Criminal Law (Insanity) Act 2006;

“direct application for a recommendation for involuntary admission” has the meaning assigned to it in section 14;

“emergency care order” has the meaning assigned to it in section 13 of the Act of 1991;

“examination”, in relation to a recommendation for involuntary admission, an involuntary admission order, a renewal order or a proposed transfer under section 35, of any person under this Act, means a personal examination carried out by a registered medical practitioner or a consultant psychiatrist of the process and content of thought, the perceptions, emotion and mood, judgment and the behaviour of the person concerned in order to make a diagnosis or a preliminary diagnosis;

“Executive” means the Health Service Executive;

“guardian” means, in relation to a child—

• (a) a guardian pursuant to the Guardianship of Infants Act 1964, or

• (b) the person acting in loco parentis to that child;

“guardian ad litem” means, in relation to a child, a guardian ad litem (within the meaning of section 35A of the Act of 1991) appointed for the child in accordance with Part VA of the Act of 1991;

“guiding principles” shall be construed—

• (a) in relation to an adult, in accordance with section 8, and

• (b) in relation to a child, in accordance with section 9;

“interim care order” has the meaning assigned to it in section 17 of the Act of 1991;

“involuntarily admitted child” means a child who fulfils the criteria for involuntary admission of a child and is subject to an involuntary admission order or a renewal order;

“involuntarily admitted person” means an adult who fulfils the criteria for involuntary admission in section 11 and has been admitted to a registered acute mental health centre pursuant to an involuntary admission order or a renewal order;

“involuntary admission order” has the meaning assigned to it—

• (a) in relation to an adult, in sections 21 and 37, and

• (b) in relation to a child, in section 66;

“legal representative” means a practising barrister or a practising solicitor;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“mechanical restraint” means the application of any mechanical means of bodily restraint to a person in which a garment or a mechanical device restricts, prevents or otherwise limits a person’s freedom of movement or access to his or her own body;

“medical specialty” means a medical specialty recognised by the Medical Council under section 89 of the Act of 2007;

“mental disorder” means, in relation to a person, any mental illness or mental health difficulty, whether of a continuous or intermittent nature, which seriously affects the person’s thinking, perception, emotion, mood or judgment leading to significant impairment of the mental function of the person;

“mental health services” means services which provide care and treatment to persons living with a mental disorder or other mental health difficulty, and includes registered mental health services;

“mental healthcare professional” means—

• (a) a consultant psychiatrist,

• (b) a registered nurse within the meaning of section 2(1) of the Nurses and Midwives Act 2011, or

• (c) a member of one or more of the following designated professions within the meaning of section 3 of the Health and Social Care Professionals Act 2005, namely:

• (i) social worker;

• (ii) occupational therapist;

• (iii) speech and language therapist;

• (iv) such other designated profession within the meaning of the said section 3 of the said Act as the Minister considers appropriate and may prescribe by regulations under section 3;

“Minister” means the Minister for Health;

“multidisciplinary team” means a team of mental healthcare professionals providing mental health services to a person;

“nominated person” means an adult nominated—

• (a) in relation to an adult, in accordance with section 192, and

• (b) in relation to a child aged 16 years or older, in accordance with section 193;

“parent” means—

• (a) in relation to a child, subject to paragraph (b), the father or mother (both within the meaning of section 2 of the Guardianship of Infants Act 1964) of the child,

• (b) in relation to a child who is a donor-conceived child, the parent or parents of that child under section 5 of the Children and Family Relationships Act 2015, or

• (c) in relation to a child where one parent has the sole custody, charge or care of the child, that parent;

“parents or guardian or the Agency” means—

• (a) in relation to a child the subject of a care order, the Agency, and

• (b) in all other circumstances, the child’s parents, or either of them, or guardian;

“permitted absence” has the meaning assigned to it—

• (a) in relation to an adult, in section 38, and

• (b) in relation to a child, in section 82;

“pharmacological restraint” means the administration of medication to a person where the only purpose of such administration is to—

• (a) control the person’s behaviour, or

• (b) restrict, prevent or limit the person’s freedom of movement or access to his or her own body,

but does not include the administration of medication that is for the purposes of treating or ameliorating his or her mental disorder;

“physical restraint” means the application of any bodily restraint to a person where the intention is to restrict, prevent or otherwise limit a person’s freedom of movement or access to his or her own body;

“practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015;

“practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015;

“premises” includes land, water and any fixed or moveable structures thereon and also includes vessels, vehicles, trains, aircraft and other means of transport;

“prescribed” means prescribed by regulations made by the Minister;

“recommendation for involuntary admission” has the meaning assigned to it in section 15;

“register” means—

• (a) in relation to a registered acute mental health centre, the Register of acute mental health centres,

• (b) in relation to a registered community mental health centre, the Register of community mental health centres, and

• (c) in relation to a registered community mental health service, the Register of community mental health services;

“Register of acute mental health centres” has the meaning assigned to it in section 146;

“Register of community mental health centres” has the meaning assigned to it in section 147;

“Register of community mental health services” has the meaning assigned to it in section 148;

“registered acute mental health centre” means any acute mental health centre registered by the Commission in accordance with Chapter 2 of Part 6 where acute mental health care and treatment are offered;

“registered community mental health centre” means any community-based residential centre (other than a registered acute mental health centre) registered by the Commission in accordance with Chapter 2 of Part 6 which—

• (a) provides specialist mental health care and treatment for persons with an enduring mental disorder or other mental health difficulty, and

• (b) is staffed on a 24 hour basis;

“registered community mental health service” means any community-based service registered by the Commission in accordance with Chapter 2 of Part 6 providing care and treatment for persons with a mental disorder or other mental health difficulty other than in a registered acute mental health centre or a registered community mental health centre;

“registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Act of 2007;

“registered mental health service” means—

• (a) a registered acute mental health centre,

• (b) a registered community mental health centre, or

• (c) a registered community mental health service;

“registered proprietor” means, in relation to a registered mental health service, the person whose name is entered in the register as the person carrying on the business of the registered mental health service;

“relative” means, in relation to a person, a parent, grandparent, son, daughter, grandchild, sibling, aunt or uncle of the person by blood, adoption, marriage or civil partnership;

“relevant advocacy service” means a service which assists or supports a person in expressing his or her will and preferences, or otherwise in making his or her views known, in relation to mental health services being provided to the person;

“relevant carer” means—

• (a) in relation to a child the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, the Agency, and

• (b) in all other circumstances, the child’s parents, or either of them, or guardian;

“relevant consulted carers” means—

• (a) in relation to a child the subject of a care order, the Agency,

• (b) in relation to a child the subject of a voluntary care arrangement, an emergency care order or an interim care order—

• (i) where the child concerned is a voluntarily admitted child under 16 years of age or a child aged 16 years or older lacking necessary capacity admitted with parental consent—

• (I) the Agency, and

• (II) his or her parents, or either of them, or guardian,

• (ii) where the child concerned is a voluntarily admitted child aged 16 years or older, at the child’s request—

• (I) the Agency,

• (II) his or her parents, or either of them, or guardian, or

• (III) the persons in clauses (I) and (II),

• (iii) where the child concerned is an involuntarily admitted child under 16 years of age or is under 16 years of age and the subject of an application for involuntary admission under section 66—

• (I) the Agency, and

• (II) his or her parents, or either of them, or guardian,

and

• (iv) where the child concerned is an involuntarily admitted child aged 16 years or older or is aged 16 years or older and the subject of an application for involuntary admission under section 66, at the child’s request or where, in the opinion of the responsible consultant psychiatrist, it is in the child’s best interests—

• (I) the Agency,

• (II) his or her parents, or either of them, or guardian, or

• (III) the persons in clauses (I) and (II),

and

• (c) where paragraph (a) or (b) does not apply—

• (i) where the child concerned is a voluntarily admitted child under 16 years of age or a child aged 16 years or older lacking necessary capacity admitted with parental consent, his or her parents, or either of them, or guardian,

• (ii) where the child concerned is a voluntarily admitted child aged 16 years or older, at the child’s request, his or her parents, or either of them, or guardian,

• (iii) where the child concerned is an involuntarily admitted child under 16 years of age or is under 16 years of age and the subject of an application for involuntary admission under section 66, his or her parents, or either of them, or guardian, and

• (iv) where the child concerned is an involuntarily admitted child aged 16 years or older or is aged 16 years or older and the subject of an application for involuntary admission under section 66, at the child’s request or where, in the opinion of the responsible consultant psychiatrist, it is in the child’s best interests, his or her parents, or either of them, or guardian;

“relevant health professional” means—

• (a) a registered medical practitioner, or

• (b) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011,

who is appropriately trained to order or initiate the application of, or apply, a restrictive practice;

“relevant notified carers” means—

• (a) in relation to a child the subject of a care order, the Agency,

• (b) in relation to a child the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, his or her parents, or either of them, or guardian and the Agency, and

• (c) where paragraph (a) or (b) does not apply, the child’s parents, or either of them, or guardian;

“renewal order” has the meaning assigned to it—

• (a) in relation to an adult, in section 22, and

• (b) in relation to a child, in section 67;

“responsible consultant psychiatrist” means, in relation to a person receiving care and treatment in a registered acute mental health centre under this Act, a consultant psychiatrist who is responsible for that person at any given time;

“responsible person” has the meaning assigned to it in section 171;

“restrictive practice” means physical restraint, mechanical restraint, pharmacological restraint or seclusion;

“review board” has the meaning assigned to it in section 26;

“review panel” has the meaning assigned to it in section 26;

“seclusion” means the placing or leaving of a person in any room in which he or she is prevented from leaving freely or cannot otherwise leave freely;

“service provider” has the meaning assigned to it in section 19;

“Specialist Division” has the same meaning as it has in the Act of 2007;

“specified person” means a person who—

• (a) is appropriately trained to carry out any restrictive practice,

• (b) applies a restrictive practice under the direct supervision of a consultant psychiatrist or a relevant health professional, and

• (c) is employed by or otherwise works in a registered acute mental health centre or a designated centre;

“spouse” means, in relation to a person—

• (a) the husband or wife, as the case may be, of the person,

• (b) the civil partner of the person, or

• (c) the cohabitant of the person;

“supervision order” has the meaning assigned to it in section 19 of the Act of 1991;

“treatment” in relation to a person, other than in sections 36 and 79, includes the administration of physical, psychological and other remedies relating to the care and rehabilitation of the person under clinical supervision, intended for the purposes of ameliorating a mental disorder or other mental health difficulty, and includes any relevant ancillary treatment and tests required for the purposes of safeguarding the person’s life or ameliorating the person’s condition;

“voluntarily admitted child” means a child who—

• (a) is receiving care and treatment in a registered acute mental health centre,

• (b) is not subject to an involuntary admission order or a renewal order, and

• (c) is not a child aged 16 years or older lacking necessary capacity admitted with parental consent;

“voluntarily admitted person” means an adult who is receiving care and treatment in a registered acute mental health centre and who is not subject to an involuntary admission order or a renewal order;

“voluntary care arrangement” means a care arrangement under section 4 of the Act of 1991.

• (2) In this Act, until such time as section 249 comes into operation, the following modifications shall apply:

• (a) a reference to the Family High Court shall be construed as a reference to the High Court with any necessary modifications;

• (b) a reference to the Family Circuit Court shall be construed as a reference to the Circuit Court;

• (c) a reference to—

• (i) the Family District Court, or

• (ii) the Family District Court or the District Court,

shall be construed as a reference to the District Court with any necessary modifications;

• (d) a reference to—

• (i) the Family District Court district, or

• (ii) the Family District Court district or District Court district,

shall be construed as a reference to the District Court district with any necessary modifications;

• (e) in section 71(5)—

• (i) paragraph (a)(ii) shall not apply, and

• (ii) in paragraph (d), the words “a sitting of the Family District Court or” are deleted;

• (f) in section 88(3)—

• (i) paragraph (a)(ii) shall not apply, and

• (ii) in paragraph (d), the words “a sitting of the Family District Court or” are deleted.

3. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

• (2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Service of documents

4. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

• (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

• (2) For the purpose of this section, a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

5. Repeals

5. The following Acts are repealed:

• (a) the Act of 2001;

• (b) the Mental Health (Amendment) Act 2018.

6. Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, be paid out of moneys provided by the Oireachtas.

7. Review of operation of Act

7. (1) The Minister shall, not later than 5 years after the commencement of this section, carry out a review of the operation of this Act.

• (2) In carrying out a review under subsection (1), the Minister may consult with such and so many persons as he or she considers appropriate.

PART 2 Guiding Principles

8. Guiding principles to apply in respect of adults

8. (1) The principles specified in subsections (2) to (8) (in this Act referred to as the “guiding principles”) shall apply in respect of the making of any decision relating to a voluntarily admitted person or an involuntarily admitted person (in this section referred to as an “applicable person”) in a registered acute mental health centre.

• (2) It shall be presumed that an applicable person has capacity to make decisions affecting himself or herself unless the contrary is shown in accordance with—

• (a) Part 3, or

• (b) the provisions of the Act of 2015.

• (3) An applicable person shall not be considered as unable to make a decision affecting himself or herself unless all practicable steps have been taken, without success, to help him or her to do so, including by giving the applicable person concerned an opportunity, if he or she so wishes, to consult with a person or persons of his or her choosing prior to making such a decision.

• (4) An applicable person shall not be considered as unable to make a decision merely by reason of making, having made, or being likely to make, an unwise decision.

• (5) Where an applicable person lacks capacity in respect of the making of a decision then the provisions of the Act of 2015 shall apply in respect of the making of that decision except where provided for in Chapter 3 of Part 3.

• (6) Where it is proposed to make a decision in respect of an applicable person—

• (a) the applicable person shall be notified of the proposed decision in a form and language that may reasonably be understood by him or her,

• (b) the applicable person shall be entitled to make representations in relation to the proposed decision,

• (c) the applicable person shall be encouraged and facilitated to participate, or to improve his or her ability to participate, as fully as possible, in the decision, and

• (d) all representations made by the applicable person to the person making the decision shall be taken into account before any decision is made.

• (7) In making a decision in relation to an applicable person, the person making the decision—

• (a) shall act at all times in good faith,

• (b) may, with the consent of the applicable person concerned, consider the views of—

• (i) any person engaged in caring for the applicable person, and

• (ii) any other mental healthcare professional who is not a member of the person’s multidisciplinary team or who is otherwise not involved in the person’s care and treatment,

• (c) shall not seek to obtain information that is not reasonably required for the making of the decision,

• (d) shall not use information for a purpose other than in relation to the proposed decision, and

• (e) shall take all necessary steps to ensure that information—

• (i) is kept secure from unauthorised access, use or disclosure, and

• (ii) is safely disposed of when he or she believes it is no longer required.

• (8) A decision made in respect of an applicable person shall—

• (a) be made in a manner that minimises any restrictions of that person’s rights and freedoms,

• (b) respect the right of the applicable person to dignity, bodily integrity, privacy and autonomy,

• (c) be proportionate to the significance and urgency of the matter the subject of the decision,

• (d) be limited in duration, in so far as is practicable, after taking into account the particular circumstances of the matter the subject of the decision,

• (e) be made in a manner that promotes the highest attainable standard of mental health, subject to the availability of resources, and

• (f) be made with due regard to the person’s will and preferences in relation to the decision.

9. Guiding principles to apply in respect of children

9. (1) In making any decision under Part 4 concerning the admission, detention and care and treatment of an involuntarily admitted child, a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent in a registered acute mental health centre, including the making of an application under section 66 and any decision of the Family District Court or District Court under that section, the following principles (in this Act referred to as “guiding principles”) shall apply:

• (a) that the best interests and the welfare of the child shall be the primary consideration;

• (b) that every child should have access to health services that have as the aim of those services, the delivery of the highest attainable standard of mental health, subject to the availability of resources;

• (c) that in the case of a child who is aged 16 years or older—

• (i) it shall be presumed that the child has the necessary maturity and capacity to make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Act, and

• (ii) the views of the parents or guardian or the Agency shall be recorded;

• (d) that in the case of a child who is under 16 years of age and is capable of forming his or her own views, where practicable—

• (i) the child shall be consulted at each stage of diagnosis and treatment,

• (ii) the views and will and preferences of the child shall be recorded and given due regard, and

• (iii) regard shall be given to the age and maturity of the child;

• (e) in so far as is practicable, that care and treatment shall be provided—

• (i) in an age-appropriate environment, and

• (ii) in close proximity to the child’s home or family, as appropriate;

• (f) that the child shall receive the least intrusive treatment possible in the least restrictive environment practicable;

• (g) that the welfare and dignity of the child, including the child’s right to privacy, bodily integrity and autonomy, shall be respected;

• (h) that information shall be provided to the child and his or her parents or guardian in a manner that should reasonably be understood by the child.

• (2) The requirement for a court to give due regard to the guiding principles in subsection (1) shall be in addition to the requirement under section 24 of the Act of 1991 for a court to regard the best interests of the child as the paramount consideration in the resolution of proceedings under this Act to which that provision applies.

• (3) In so far as is practicable, a child and adolescent consultant psychiatrist shall carry out the functions of the consultant psychiatrist under Part 4.

PART 3 Involuntary Admission

Chapter 1 Involuntary admission

10. Definitions (Part 3)

10. In this Part—

“advance healthcare directive” has the same meaning as it has in section 2 of the Act of 2015;

“application for a recommendation for involuntary admission” has the meaning assigned to it in section 13;

“designated healthcare representative” has the same meaning as it has in section 2 of the Act of 2015;

“direct applicant” has the meaning assigned to it in section 14;

“Garda request for an application for a recommendation for involuntary admission” has the meaning assigned to it in section 17;

“independent consultant psychiatrist” has the meaning assigned to it in section 27;

“panel of independent consultant psychiatrists” has the meaning assigned to it in section 27;

“psychosocial assessment” means, in relation to a person, a personal assessment carried out by a mental healthcare professional (other than a consultant psychiatrist) to assess—

• (a) the psychological condition of the person,

• (b) the environmental and social factors that have contributed to his or her condition,

• (c) the ability of the person to care for himself or herself if he or she were to be not admitted to, or discharged from, as the case may be, a registered acute mental health centre, and

• (d) the supports that may be required and available to that person outside of the registered acute mental health centre;

“relevant person” has the meaning assigned to it in section 14;

“request for an application for a recommendation for involuntary admission” has the meaning assigned to it in section 12;

“requester” has the meaning assigned to it in section 12.

11. Criteria for involuntary admission to registered acute mental health centre

11. (1) A person may be involuntarily admitted to a registered acute mental health centre pursuant to an involuntary admission order and detained there if he or she fulfils each of the criteria (in this Act referred to as the “criteria for involuntary admission”) specified in either paragraph (a) or (b), namely:

• (a) the person has a mental disorder, the nature and degree of which is such that—

• (i) the life of the person, or that of another person, is at risk, or the health of the person, or that of another person, is at risk of immediate and serious harm, and

• (ii) if the first-mentioned person were to be admitted to and detained in a registered acute mental health centre—

• (I) his or her admission and detention would be likely to reduce the risk he or she poses to himself or herself or others due to his or her mental disorder,

• (II) he or she would be likely to benefit from care and treatment that cannot be given to that person other than in a registered acute mental health centre, or

• (III) his or her admission and detention would be likely to benefit the condition of that person;

or

• (b) the person has a mental disorder, the nature and degree of which is such that—

• (i) he or she requires care and treatment immediately,

• (ii) the care and treatment required to be given to the person cannot be given to that person other than in a registered acute mental health centre, and

• (iii) the reception, detention and care and treatment of the person concerned in a registered acute mental health centre would be likely to materially benefit the condition of that person.

• (2) Nothing in subsection (1) shall be construed as authorising the involuntary admission of a person to a registered acute mental health centre by reason only of the fact that the person—

• (a) has a mental disorder that does not fulfil the criteria for involuntary admission,

• (b) has an intellectual disability,

• (c) has a personality disorder,

• (d) is addicted to drugs or intoxicants,

• (e) may behave in such a manner or hold views that are contrary to, deviate from or transgress cultural, religious, social or traditional norms or customs of appropriate behaviour, or

• (f) requires to reside in a safe environment provided by a registered acute mental health centre.

• (3) The Commission shall prepare and issue a code of practice for staff working in registered acute mental health centres in relation to the provisions of this section.

12. Request for application for recommendation for involuntary admission where made to authorised officer

12. (1) Subject to subsection (3), where a person reasonably believes that another person (other than a child) has a mental disorder that fulfils the criteria for involuntary admission, the first-mentioned person (in this Part referred to as a “requester”) may—

• (a) request an authorised officer, or

• (b) request the Executive to nominate an authorised officer,

to make an application (in this Part referred to as a “request for an application for a recommendation for involuntary admission”) for a recommendation for the person the subject of the request to be involuntarily admitted to a registered acute mental health centre.

• (2) A person shall be disqualified from making a request for an application for a recommendation for involuntary admission where he or she—

• (a) is a child,

• (b) has an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the registered acute mental health centre concerned,

• (c) is a spouse of the person, the subject of the application—

• (i) who is living separately and apart from the person concerned, or

• (ii) in respect of whom—

• (I) an application for an order has been made but not yet determined under the Act of 2018, or

• (II) an order has been made under the Act of 2018,

or

• (d) is a spouse or relative of any of the persons specified in paragraph (b).

• (3) A person who, for the purposes of or in relation to a request for an application for a recommendation for involuntary admission, makes any statement which is to his or her knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

• (4) A request for an application for a recommendation for involuntary admission shall be made in the form and manner specified by the Commission.

13. Making of application for recommendation for involuntary admission to be made by authorised officer

13. (1) Where an authorised officer receives a request in that behalf under section 12(1) for an application for a recommendation for involuntary admission, the authorised officer shall, as soon as practicable following receipt of such a request, assess whether to make an application to a registered medical practitioner for a recommendation for involuntary admission (in this Part referred to as an “application for a recommendation for involuntary admission”), and, for that purpose, shall—

• (a) meet with, speak to and observe the person who is the subject of the request,

• (b) consult, where possible and appropriate, with that person’s spouse, relative or carer, as the case may be, and

• (c) take account of whether the care and treatment required to be given to the person can be given other than in a registered acute mental health centre, with a view to ensuring an application for a recommendation for involuntary admission is made only where necessary and appropriate.

• (2) In considering a request for an application for a recommendation for involuntary admission, an authorised officer shall request such information on the circumstances and medical history of the person, the subject of the request, as the authorised officer may reasonably require from the requester, and where he or she does so, that requester shall, to the best of his or her ability, comply with such a request.

• (3) Where, following an assessment under subsection (1), an authorised officer has reasonable grounds for believing that the person, the subject of the request, has a mental disorder which fulfils the criteria for involuntary admission, the authorised officer shall make an application for a recommendation for involuntary admission, and shall provide a copy of that application to the person concerned.

• (4) Where an application for a recommendation for involuntary admission is made, the application shall contain a statement of the reasons why the authorised officer considers that the criteria for involuntary admission have been fulfilled, and the circumstances in which the application is made.

• (5) Where an authorised officer does not have reasonable grounds for believing that the person has a mental disorder which fulfils the criteria for involuntary admission, the authorised officer shall refuse to make an application for a recommendation for involuntary admission.

• (6) Where an authorised officer refuses to make an application for a recommendation for involuntary admission under subsection (5), the authorised officer shall inform in writing the requester and the person, the subject of the request—

• (a) of that decision and the reasons for it, and

• (b) that the requester may, subject to subsection (10), request another authorised officer to consider the request, the subject of the refusal, or, as the case may be, make a new request for an application for a recommendation for involuntary admission to another authorised officer under section 12.

• (7) Subject to subsection (10), the provisions of this section shall apply, with any necessary modifications, to the assessment of a request for an application for a recommendation for involuntary admission by an authorised officer following a refusal by an authorised officer to make such an application as they apply to the authorised officer who refused to make an application for a recommendation for involuntary admission.

• (8) In requesting another authorised officer to consider a request for an application for a recommendation for involuntary admission following the refusal of a previously appointed authorised officer to make such an application, and in any subsequent application to a registered medical practitioner, the requester shall comply with section 16(1).

• (9) An authorised officer shall make an application for a recommendation for involuntary admission as soon as possible after an assessment under subsection (1) which application shall be valid for 7 days from the date of its making and shall then expire.

• (10) A person may make only one request under subsection (6)(b) in respect of the refusal concerned under subsection (5).

• (11) An authorised officer shall be disqualified from acting as an authorised officer in respect of a person, where the authorised officer—

• (a) has an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the registered acute mental health centre concerned,

• (b) is a member of the governing body or staff of the registered acute mental health centre concerned, or

• (c) is a spouse or relative of the person concerned.

• (12) An authorised officer who, for the purposes of, or in relation to, an application for a recommendation for involuntary admission of a person, makes any statement which is to his or her knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

• (13) An application for a recommendation for involuntary admission of a person made under this section shall be made in the form and manner specified by the Commission.

• (14) In subsection (1), “spouse”, in relation to a person, does not include a spouse who is living separately and apart from the person or a spouse in respect of whom—

• (a) an application for an order has been made but not yet determined under the Act of 2018, or

• (b) an order has been made under the Act of 2018.

14. Making of application for recommendation for involuntary admission by person other than authorised officer

14. (1) Without prejudice to the generality of section 13 but subject to subsection (2), a relevant person (in this Part referred to as a “direct applicant”) may make an application for a recommendation for involuntary admission in respect of a person directly to a registered medical practitioner (in this Act referred to as a “direct application for a recommendation for involuntary admission”) where he or she believes that the person the subject of the application has a mental disorder that fulfils the criteria for involuntary admission.

• (2) A person shall be disqualified from making a direct application for a recommendation for involuntary admission where he or she—

• (a) is a child,

• (b) has an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the registered acute mental health centre concerned,

• (c) is a member of the governing body or staff of the registered acute mental health centre concerned,

• (d) is a spouse or relative of any of the persons specified in paragraph (b) or (c), or

• (e) is a member of An Garda Síochána acting in the course of his or her duties.

• (3) Prior to making a direct application for a recommendation for involuntary admission, a direct applicant shall, not more than 24 hours before the date of the making of the application—

• (a) meet with, speak to, and observe the person, the subject of the application, and

• (b) consider, to the best of his or her ability, whether there are reasonable grounds for believing that the person, the subject of the application, has a mental disorder which fulfils the criteria for involuntary admission.

• (4) A person who, for the purposes of or in relation to a direct application for a recommendation for involuntary admission, makes any statement which is to his or her knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

• (5) A direct application for a recommendation for involuntary admission shall be made in the form and manner specified by the Commission.

• (6) In this section and section 17, “relevant person” means a person who—

• (a) is a spouse of the person, the subject of the application, but does not include a spouse who is living separately and apart from the person or in respect of whom—

• (i) an application for an order has been made but not yet determined under the Act of 2018, or

• (ii) an order has been made under the Act of 2018,

• (b) is a relative of the person, the subject of the application,

• (c) has a bona fide interest in the mental health, safety and welfare of the person concerned, or

• (d) is a mental healthcare professional (other than a consultant psychiatrist).

15. Making of recommendation for involuntary admission

15. (1) A registered medical practitioner to whom—

• (a) an application for a recommendation for involuntary admission, or

• (b) a direct application for a recommendation for involuntary admission,

is made in respect of a person shall, within 24 hours of the receipt of the application, carry out an examination of the person concerned to assess whether that person has a mental disorder which fulfils the criteria for involuntary admission.

• (2) Before carrying out an examination under subsection (1), the registered medical practitioner shall inform the person, the subject of the application, of the purpose of the examination unless the provision of such information would, in the opinion of the registered medical practitioner concerned, seriously endanger the life or health of the person, the subject of the application concerned, or the life or health of another person or persons.

• (3) Where, following an examination of a person under subsection (1), the registered medical practitioner is of the opinion that the person has a mental disorder which fulfils the criteria for involuntary admission, the registered medical practitioner shall within 24 hours of the examination make a recommendation to the clinical director of a registered acute mental health centre (other than the Central Mental Hospital) that the person be involuntarily admitted to that registered acute mental health centre (in this Act referred to as a “recommendation for involuntary admission”).

• (4) Where, following an examination of a person under subsection (1), the registered medical practitioner is of the opinion that the person does not have a mental disorder which fulfils the criteria for involuntary admission, the registered medical practitioner shall refuse to make a recommendation for involuntary admission.

• (5) In making a recommendation for involuntary admission under subsection (3) or refusing to make a recommendation for involuntary admission under subsection (4), the registered medical practitioner shall, in that recommendation or refusal, as the case may be, certify the basis on which he or she is of the opinion that the person has or does not have a mental disorder which fulfils the criteria for involuntary admission and shall provide a copy of the certification to the person who made the application and the person the subject of the application.

• (6) Notwithstanding the generality of subsection (1), an examination of a person which is carried out by a registered medical practitioner prior to receipt of an application for a recommendation for involuntary admission or a direct application for a recommendation for involuntary admission shall be valid for the purposes of this section if—

• (a) the examination was carried out within a period of not more than 24 hours prior to the receipt of the application concerned, and

• (b) the decision to make a recommendation for involuntary admission or to refuse to make such a recommendation made by the registered medical practitioner concerned is made after the receipt of the application concerned and within 24 hours of the examination.

• (7) A registered medical practitioner shall be disqualified from examining a person under subsection (1) where the registered medical practitioner—

• (a) has an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the registered acute mental health centre concerned,

• (b) is a member of the governing body or staff of the registered acute mental health centre concerned,

• (c) is a spouse or a relative of the person concerned, or

• (d) is the direct applicant.

• (8) A registered medical practitioner shall, no later than 24 hours after making a recommendation for involuntary admission—

• (a) send or cause to be sent the recommendation in writing to the clinical director of the registered acute mental health centre specified in the recommendation concerned,

• (b) provide a copy of the recommendation to the requester or the direct applicant, as the case may be, and the person who is the subject of the request, and

• (c) provide a copy of the recommendation to the Commission.

• (9) A recommendation for involuntary admission shall be valid for a period of 7 days from the date of its making under subsection (3) and shall then expire.

• (10) A recommendation for involuntary admission shall be made in the form and manner specified by the Commission.

16. Disclosure of previous application for involuntary admission

16. (1) In making a request for an application for a recommendation for involuntary admission or a direct application for a recommendation for involuntary admission, as the case may be, the requester or the direct applicant, as the case may be, shall, in so far as he or she is aware, disclose to the authorised officer or, in the case of a direct applicant, to the registered medical practitioner—

• (a) any previous refusal by a registered medical practitioner to make a recommendation for the involuntary admission of the person, the subject of the request or the direct application concerned, under—

• (i) section 15(4), or

• (ii) section 10 of the Act of 2001,

• (b) the date of and circumstances relating to any such previous refusal, and

• (c) any previous refusal by an authorised officer to make an application for a recommendation for involuntary admission under section 13 and the date and circumstances relating to any such previous refusal.

• (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

17. Powers of Garda Síochána in respect of involuntary admissions

17. (1) Where a member of An Garda Síochána has reasonable grounds for believing that a person has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission the member may, either alone or with any other member or members of An Garda Síochána—

• (a) take all reasonable measures necessary to take the person into custody and arrange for the matters specified in subsections (3) and (5), subject to and in accordance with subsections (6) and (7), as applicable, to be carried out as soon as practicable, but no later than 6 hours after the time that the person is taken into custody, and

• (b) enter if needs be by force any dwelling or other premises or any place if he or she has reasonable grounds for believing that the person is to be found there.

• (2) The period referred to in subsection (1)(a) may be extended by one additional period of 6 hours under the authorisation of a member of An Garda Síochána not below the rank of inspector if he or she has reasonable grounds for believing that any such additional period is necessary in order that the matters specified in subsections (3) and (5) may be carried out, subject to and in accordance with subsections (6) and (7), as applicable.

• (3) Where a member of An Garda Síochána takes a person into custody under subsection (1), he or she or any other member or members of An Garda Síochána shall request—

• (a) an authorised officer, or

• (b) the Executive to nominate an authorised officer,

to make an application to a registered medical practitioner for a recommendation for involuntary admission for the person, the subject of the request, to be involuntarily admitted to a registered acute mental health centre (in this section referred to as a “Garda request for an application for a recommendation for involuntary admission”).

• (4) Where an authorised officer or the Executive, as the case may be, receives a Garda request for an application for a recommendation for involuntary admission, the authorised officer or the Executive, as the case may be, shall comply with that request as soon as practicable.

• (5) Where, following the making of reasonable efforts by the Executive, it has not been possible for an authorised officer to assess whether to make an application for a recommendation for involuntary admission in respect of the person the subject of the request, under subsection (3), the member of An Garda Síochána who is responsible for the person who is taken into custody under subsection (1) shall request a relevant person to—

• (a) carry out each of the steps specified in section 14(3), and

• (b) decide whether or not to make a direct application for a recommendation for involuntary admission in respect of the person concerned.

• (6) Sections 13, 14 and 16 shall, with all necessary modifications, apply to a Garda request for an application for a recommendation for involuntary admission as they apply to a direct application for a recommendation for involuntary admission and an application for a recommendation for involuntary admission.

• (7) Section 15 shall apply to a Garda request for an application for a recommendation for involuntary admission with the following modifications:

• (a) that the registered medical practitioner to whom an application is made shall, not later than 6 hours from the time that the person is taken into custody or, where the period of custody has been extended under subsection (2), not later than 12 hours from the time that the person has been taken into custody—

• (i) carry out the examination of the person in the custody of An Garda Síochána, and

• (ii) make a recommendation for involuntary admission under section 15(3) or refuse to make a recommendation for involuntary admission under section 15(4);

• (b) any other necessary modifications.

• (8) A person taken into custody under this section shall be released from custody immediately if—

• (a) following an assessment of the person concerned, an authorised officer refuses to make an application under section 13(5),

• (b) having carried out each of the steps specified in section 14(3), a relevant person contacted under subsection (5) decides not to make a direct application for a recommendation for involuntary admission, or

• (c) following an examination of the person concerned, a registered medical practitioner refuses to make a recommendation for involuntary admission under section 15(4),

unless the person the subject of the application concerned is charged or caused to be charged with an offence or his or her detention is authorised otherwise than under this section.

• (9) Where, in an application for a recommendation for involuntary admission under this section, a registered medical practitioner makes a recommendation for involuntary admission under section 15(3), a member or members of An Garda Síochána shall bring the person to the registered acute mental health centre specified in the recommendation, or a member of An Garda Síochána shall contact the clinical director of the registered acute mental health centre or a consultant psychiatrist acting on that clinical director’s behalf to arrange for the person to be brought to the registered acute mental health centre by its members of staff or a service provider as soon as practicable but not later than 6 hours after the time the recommendation is made in respect of the person.

• (10) The Minister may, after consultation with the Minister for Justice, Home Affairs and Migration and the Commission, make regulations prescribing the procedures to be followed when a member or members of An Garda Síochána perform functions under this section or under section 18, 39, 73, 74, 83 or 138.

• (11) Where a recommendation for involuntary admission is made by a registered medical practitioner under this section, a copy of the recommendation shall be provided by the registered medical practitioner to the member of An Garda Síochána who is responsible for the person who is taken into custody under subsection (1), or another member on his or her direction, for inclusion in the custody record (within the meaning of Regulation 6 of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)) in respect of the person the subject of the recommendation for involuntary admission.

18. Bringing of persons to registered acute mental health centre

18. (1) Subject to subsection (2), where a recommendation for involuntary admission is made in relation to a person, the requester or direct applicant, as the case may be, shall arrange for the person the subject of the recommendation to be brought to the registered acute mental health centre specified in the recommendation as soon as practicable after the time the recommendation is made in respect of the person.

• (2) Where the requester, or direct applicant, as the case may be, is unable to arrange for the person, the subject of the recommendation for involuntary admission, to be brought to the registered acute mental health centre in accordance with subsection (1), the requester or direct applicant, as the case may be, or the registered medical practitioner who made the recommendation shall request—

• (a) the clinical director of the registered acute mental health centre specified in the recommendation, or

• (b) a consultant psychiatrist acting on that clinical director’s behalf,

to arrange for the person concerned to be brought to the registered acute mental health centre.

• (3) A person referred to in subsection (2)(a) or (b) shall arrange for the person, the subject of the recommendation for involuntary admission, to be brought to the registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.

• (4) A person referred to in subsection (2)(a) or (b) may request a member of An Garda Síochána to assist in bringing the person the subject of the recommendation for involuntary admission to the registered acute mental health centre where—

• (a) the person referred to in subsection (2)(a) or (b), and

• (b) the registered medical practitioner who made the recommendation for involuntary admission,

are of the opinion that such assistance is necessary to protect the health of the person or other persons from the threat of immediate and serious harm.

• (5) Where a request is made to An Garda Síochána under subsection (4), a member or members of An Garda Síochána—

• (a) shall comply with that request as soon as practicable, and

• (b) may—

• (i) enter if needs be by force any dwelling or other premises or any place if the member has reasonable cause to believe that the person concerned is to be found there, and

• (ii) take all reasonable measures necessary to bring the person the subject of the recommendation to the registered acute mental health centre including the detention or restraint of the person concerned.

• (6) A member of An Garda Síochána who under subsection (5)(b)(ii) detains or restrains a person the subject of a recommendation shall cease the detention or restraint immediately upon the detention or restraint no longer being necessary, in the opinion of the member of An Garda Síochána applying the restraint, in order to protect the health of the person or other persons from the threat of immediate and serious harm.

19. Bringing and bringing back of persons to registered acute mental health centre by a service provider

19. (1) The registered proprietor of a registered acute mental health centre may enter into an arrangement with a person (in this Part and Part 4 referred to as a “service provider”) for the purposes of arranging for members of the staff of that service provider to provide services relating to any or all of the following matters, namely:

• (a) the bringing of persons, other than children, to the registered acute mental health centre pursuant to section 18 or 20;

• (b) the bringing of children to the registered acute mental health centre pursuant to sections 74 or 78;

• (c) the bringing back of persons, other than children, to the registered acute mental health centre pursuant to section 20 or 39;

• (d) the bringing back of children to the registered acute mental health centre pursuant to section 83.

• (2) Where an arrangement referred to in subsection (1) has been entered into—

• (a) the clinical director of the registered acute mental health centre concerned may authorise such and so many members of the staff of that service provider to provide the services the subject of that arrangement, and

• (b) any such authorisation shall be in writing and shall be valid for a period not exceeding 12 months as is specified in the authorisation.

• (3) The Commission shall prepare and issue a code of practice for the purpose of requirements for the bringing and bringing back of persons to registered acute mental health centres under this section, sections 18, 20, 39, 74, 78 and 83.

20. Emergency treatment before admission

20. (1) Where, following the making of a recommendation for involuntary admission in respect of a person but before an involuntary admission order has been made under section 21(2)(a) in respect of the person—

• (a) the registered medical practitioner who made the recommendation,

• (b) the clinical director of the registered acute mental health centre specified in the recommendation, or

• (c) a consultant psychiatrist on the staff of the registered acute mental health centre specified in the recommendation,

reasonably believes that the person the subject of the recommendation for involuntary admission requires emergency treatment, he or she may arrange for the person the subject of the recommendation to be brought to a hospital for such emergency treatment as soon as practicable.

• (2) Where, for whatever reason, a person the subject of a recommendation for involuntary admission is not admitted to hospital, the person who arranged for the person the subject of the recommendation to be brought to the hospital under subsection (1) shall arrange for that person to be brought or brought back, as the case may be, to the registered acute mental health centre as soon as may be.

• (3) If, upon the proposed discharging from hospital of a person the subject of a recommendation for involuntary admission—

• (a) the recommendation for involuntary admission remains valid under section 15(9), the clinical director of the registered acute mental health centre specified in the recommendation shall arrange for the person to be brought or brought back to the registered acute mental health centre by members of the staff of that centre or a service provider for an examination and assessment under section 21 as soon as practicable, or

• (b) the recommendation for involuntary admission has expired under section 15(9)—

• (i) the person shall be discharged unless his or her detention is authorised otherwise than under this Act, and

• (ii) a new request for an application for a recommendation for involuntary admission or a new direct application for a recommendation for involuntary admission may be made, as the case may be.

• (4) A person who is brought (whether or not he or she is admitted) to a hospital for emergency treatment under this section is not the subject of an involuntary admission order and accordingly his or her care and treatment whilst at such a hospital shall not be subject to the provisions of this Act.

• (5) Nothing in this section shall operate to affect any enactment or rule of law relating to consent to medical treatment.

• (6) In this section, “emergency treatment” means, in relation to a person the subject of a recommendation for involuntary admission, any medical or dental treatment provided in a hospital other than a registered acute mental health centre which is urgent and immediately necessary to avoid significant harm, injury or death to the person.

21. Involuntary admission order

21. (1) Where a clinical director receives a recommendation for involuntary admission under section 15 in respect of a person, the clinical director shall as soon as may be arrange for a consultant psychiatrist on the staff of the registered acute mental health centre to carry out an examination of the person the subject of the recommendation.

• (2) Following an examination under subsection (1), the consultant psychiatrist shall—

• (a) if satisfied that the person the subject of the recommendation has a mental disorder which fulfils the criteria for involuntary admission, make an order (in this Act referred to as an “involuntary admission order”) for the reception, detention and care and treatment of the person in the registered acute mental health centre concerned, or

• (b) if not satisfied that the person the subject of the recommendation has a mental disorder which fulfils the criteria for involuntary admission, refuse to make such an involuntary admission order.

• (3) A consultant psychiatrist, a registered medical practitioner or a registered nurse who is a member of staff of the registered acute mental health centre shall be entitled to take charge of the person concerned and detain him or her for a period not exceeding 24 hours for the purpose of carrying out an examination under subsection (1) and for the purpose of making or refusing to make an involuntary admission order or not, as the case may be, in relation to the person concerned.

• (4) The following persons shall be disqualified from carrying out an examination under subsection (1) or making or refusing to make an involuntary admission order under subsection (2):

• (a) a spouse or relative of the person, the subject of a recommendation for involuntary admission;

• (b) the requester or direct applicant, as the case may be, concerned.

• (5) An involuntary admission order shall be made in the form and manner specified by the Commission.

22. Duration and renewal of involuntary admission orders

22. (1) An involuntary admission order shall—

• (a) authorise the reception, detention and care and treatment of the involuntarily admitted person concerned, and

• (b) subject to subsections (2) and (3) and section 31 remain in force for 21 days after the date of its making, and then expire.

• (2) A responsible consultant psychiatrist may extend by order (in this Act referred to as a “renewal order”) the period referred to in subsection (1) for a further period not exceeding 3 months commencing on the expiration of the involuntary admission order made in respect of the involuntarily admitted person.