MENTAL HEALTH ACT 2026

• (3) The further period referred to in subsection (2) may be extended by order made by a consultant psychiatrist for periods each of which does not exceed 3 months (each of which orders is also referred to in this Act as “a renewal order”).

• (4) Where a responsible consultant psychiatrist proposes to extend an involuntary admission order under subsection (2) or (3), the responsible consultant psychiatrist shall—

• (a) carry out an examination not more than 48 hours before the making of the proposed renewal order of the involuntarily admitted person, and

• (b) consult with a mental healthcare professional (other than a consultant psychiatrist) on the staff of the registered acute mental health centre who is or will be involved in the care and treatment of the involuntarily admitted person regarding the proposed renewal order.

• (5) Following an examination under subsection (4)(a), the consultant psychiatrist shall—

• (a) if satisfied that the involuntarily admitted person continues to have a mental disorder which fulfils the criteria for involuntary admission, make a renewal order, or

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

• (6) A renewal order shall be made in the form and manner specified by the Commission.

23. Copy of order to be sent to Commission

23. The responsible consultant psychiatrist shall, as soon as is practicable but not later than 24 hours after the making of an involuntary admission order and any renewal order in respect of an involuntarily admitted person, send, or cause to be sent, a copy of the order concerned to the Commission.

24. Provision of information to persons involuntarily admitted to registered acute mental health centre

24. (1) The responsible consultant psychiatrist shall, as soon as is practicable but not later than 24 hours after the making of an involuntary admission order or any subsequent renewal order in respect of an involuntarily admitted person, give or cause to be given to the involuntarily admitted person concerned a copy of the involuntary admission order or renewal order, as the case may be.

• (2) The responsible consultant psychiatrist shall, as soon as practicable after making the involuntary admission order and any subsequent renewal order, give or cause to be given to the person who is the subject of the involuntary admission order or renewal order, as the case may be, a notice in writing of the making of the order concerned.

• (3) A notice under subsection (2) shall include a statement in writing and in a form and language that may reasonably be understood by the involuntarily admitted person concerned, to the effect that he or she—

• (a) is entitled to legal representation,

• (b) will be given a general description of the proposed care and treatment to be administered to him or her during the period of involuntary admission,

• (c) is entitled to receive information on any aspect of his or her proposed care and treatment at any time during the period of involuntary admission,

• (d) will be provided with an explanatory note on the guiding principles in relation to all decisions regarding his or her care and treatment,

• (e) subject to the provisions of Chapter 3, is entitled to consent to or refuse treatment during the period of involuntary admission, where he or she has capacity to make such decisions,

• (f) is informed of the complaints procedure for the registered acute mental health centre and of his or her entitlement to bring a complaint under that procedure,

• (g) is informed of any relevant advocacy services,

• (h) is entitled to communicate with the Chief Inspector,

• (i) will have his or her involuntary admission reviewed by a review board in accordance with section 31,

• (j) is entitled to appeal to the Circuit Court against a decision of a review board under section 32,

• (k) is entitled to make an application under section 33 to be transferred to another registered acute mental health centre,

• (l) may be admitted to the registered acute mental health centre concerned as a voluntarily admitted person if he or she indicates a wish to be so admitted,

• (m) is entitled to discuss discharge planning with a member of his or her multidisciplinary team, and

• (n) is entitled to have a nominated person accompany him or her to meetings and to consult with him or her on decisions regarding the proposed care and treatment to be administered during the period of involuntary admission.

• (4) A nominated person under subsection (3)(n) shall be entitled to—

• (a) receive a copy of the notice given under subsection (2),

• (b) receive any information subsequently provided under paragraph (b), (c) or (d) of subsection (3), and

• (c) accompany the involuntarily admitted person to meetings and consult with him or her on decisions regarding the proposed care and treatment to be administered during the period of involuntary admission.

• (5) A notice given under subsection (2) and any information subsequently provided under paragraph (b), (c) or (d) of subsection (3) shall be in a form and language that the person in receipt of the information can understand.

• (6) Where the involuntarily admitted person has an enduring power of attorney (within the meaning of the Act of 2015) or a relevant, valid decision-making representative is for the time being in place, any information provided to the person under this section shall also be given to any person empowered by law to give consent, make a decision or exercise a legal power on behalf of the person.

25. Psychosocial assessment of involuntarily admitted person

25. (1) Where an involuntary admission order has been made in relation to an involuntarily admitted person, a mental healthcare professional (other than a consultant psychiatrist) on the staff of the registered acute mental health centre who is involved in the care and treatment of the person concerned shall carry out a psychosocial assessment of the person concerned no later than 2 working days after the date of the making of the order.

• (2) The conclusions of a psychosocial assessment of an involuntarily admitted person carried out under subsection (1) shall be recorded in that person’s medical records.

• (3) A psychosocial assessment shall not be carried out by a relative or spouse of the person concerned.

Chapter 2 Review of involuntary admission

26. Mental Health Review Board

26. (1) The Commission shall establish 3 panels of suitable persons (each of which panel in this Act shall be referred to as a “review panel”) from which the Commission shall appoint persons from time to time to sit as a board (each of which board shall be known as a Mental Health Review Board and in this Act is referred to as “a review board”) to hear and determine such matter or matters as may be referred to it by the Commission under section 30.

• (2) The 3 review panels shall be as follows:

• (a) a review panel comprising consultant psychiatrists (in this section referred to as a “consultant psychiatrist review panel”);

• (b) a review panel comprising practising barristers or practising solicitors each of whom has not less than a cumulative total of 7 years’ experience as a practising barrister or practising solicitor (in this section referred to as a “legal practitioners review panel”);

• (c) a review panel (in this section referred to as a “community review panel”) comprising persons other than—

• (i) a person referred to in paragraph (a) or (b),

• (ii) a registered medical practitioner, or

• (iii) a person who was previously a practising solicitor or a practising barrister but is not currently practising (whether in the State or otherwise).

• (3) A review board shall consist of 3 members comprising—

• (a) one person who is a member of the consultant psychiatrist review panel,

• (b) one person who is a member of the legal practitioners review panel and who shall also be the chair of the review board, and

• (c) one person who is a member of a community review panel.

• (4) At a sitting or hearing of a review board, each member of the review board shall have a vote and every question shall be determined by a majority of the votes of the members.

• (5) A member of the Board shall be disqualified from being appointed to a review panel or a review board.

• (6) A person shall not be eligible for appointment to a review panel or a review board and shall cease to be a member of a review panel if he or she is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or of the European Parliament,

• (c) regarded, pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to be a member of the European Parliament, or

• (d) elected or co-opted as a member of a local authority,

and he or she shall thereupon cease to be a member of any review board to which he or she is appointed.

• (7) A review panel member shall be appointed by the Commission for such period not exceeding 5 years and on such other terms and conditions as the Commission may determine when appointing him or her.

• (8) A review panel member may resign from his or her position by letter addressed to the Commission and the resignation shall take effect from a date specified therein or upon receipt of the letter by the Commission, whichever is the later.

• (9) Each review panel member shall be paid such remuneration, if any, and allowances for expenses incurred by him or her, if any, as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (10) The Commission may at any time remove a person from a review panel if, in the Commission’s opinion—

• (a) the person has become incapable through ill-health of performing his or her functions,

• (b) the person has committed stated misbehaviour, or

• (c) the person’s removal is necessary for the effective and efficient performance of the review panel.

• (11) If a review panel member is removed under subsection (10), the Commission shall provide the person with a statement of reasons for the removal.

• (12) A review panel member shall be disqualified for appointment to a review board and shall cease to be a review panel member or a member of a review board if he or she—

• (a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged,

• (b) makes a composition or arrangement with creditors,

• (c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (d) is convicted on indictment of an offence,

• (e) is convicted of an offence involving fraud or dishonesty,

• (f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

• (g) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or

• (h) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or another jurisdiction.

• (13) A review panel member whose period of membership expires or is due to expire shall be eligible for re-appointment as a member of a review panel but he or she shall be required to re-apply for membership of the panel.

• (14) A member of a review board shall be disqualified from taking part in a review under section 31 if he or she is the spouse or relative of the person the subject of the review.

• (15) If a person ceases to be a member of a review board in any way other than on the expiry of his or her term or is disqualified from taking part in a review under subsection (14), the Commission shall, as soon as is practicable, appoint another suitably qualified panel member to that review board.

27. Panel of independent consultant psychiatrists

27. (1) The Commission shall establish a panel of independent consultant psychiatrists (in this Part referred to as the “panel of independent consultant psychiatrists”) from which it shall appoint persons (each of whom in this Part is referred to as an “independent consultant psychiatrist”) for the purpose of section 30.

• (2) Subsections (5) to (15) of section 26 shall with any necessary modifications apply to the panel of independent consultant psychiatrists and independent consultant psychiatrists as they apply in relation to a review panel and review panel members.

28. Powers of review board

28. (1) A review board shall hold hearings of the review board for the purposes of hearing and determining a review by it under this Act or an application for a transfer to the Central Mental Hospital under section 35 and may for those purposes receive submissions and such evidence as it thinks fit.

• (2) Without prejudice to the generality of subsection (1), a review board may receive submissions and evidence in relation to matters, including the attendance of witnesses and access to medical or other records, in advance of a hearing of a matter referred to in subsection (1) and make decisions in relation to those matters in advance of the hearing concerned.

• (3) A review board may, for the purposes referred to in subsection (1)—

• (a) direct in writing any person whose evidence is required by the review board to attend before the review board on a date and at a time and place specified in the direction to give evidence and to produce any document or thing in his or her possession or power specified in the direction,

• (b) direct any person in attendance before the review board to give evidence to the review board or produce any document or thing in his or her possession or power specified in the direction,

• (c) direct in writing any person to send to the review board by a specified date any document or thing in his or her possession or power specified in the direction, and

• (d) give any other directions for the purpose of the review board hearing concerned that appear to the review board to be reasonable and just in relation to the functions of the review board including to require that the evidence to be given by any person should be given on oath or affirmation and to administer an oath or affirmation for that purpose.

• (4) The reasonable expenses of witnesses directed to attend before a review board under subsection (3)(a) shall be paid by the Commission out of moneys at the disposal of the Commission.

• (5) A person who—

• (a) having been directed under subsection (3)(a) to attend before a review board, having had tendered to him or her any sum in respect of the expenses of his or her attendance which a witness summoned to attend before the High Court would be entitled to have tendered to him or her, without just cause or excuse fails to comply with the direction,

• (b) being in attendance before a review board pursuant to a direction under paragraph (a) of subsection (3), refuses to give evidence on oath or affirmation on being required by the review board to do so or refuses to answer any question to which the review board may legally require an answer or refuses to produce any document or thing in his or her possession or power legally required by the review board to be produced by the person,

• (c) fails or refuses to send to the review board any document or thing legally required by the review board under paragraph (c) of subsection (3) to be sent to it by the person or without just cause or excuse fails to comply with a direction under paragraph (b), (c) or (d) of that subsection, or

• (d) does any other thing in relation to the proceedings before the review board which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court,

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.

• (6) The procedure of a review board in relation to a review heard by it under this Act shall, subject to the provisions of this Act, be such as shall be determined by the review board and the review board shall, without prejudice to the generality of the foregoing, make provision in relation to procedures for—

• (a) notifying—

• (i) the person, the subject of the review,

• (ii) the legal representative assigned to the person the subject of the review under section 30(1)(c) or, where the person, the subject of the review has engaged his or her own legal representative at his or her own expense, that person, and

• (iii) the responsible consultant psychiatrist,

of the time and date for the review hearing set under section 30(1)(b) by the Commission,

• (b) the attendance of the responsible consultant psychiatrist at the hearing of the review board,

• (c) where a legal representative is assigned under section 30(1)(c), or engaged by the person the subject of the review, the attendance of the legal representative at the hearing of the review board,

• (d) giving the person, the subject of the review, or his or her legal representative a copy of any report furnished to the review board under section 30 and an indication in writing of the nature and source of any information relating to the matter which has come to the notice of the review board in the course of the review,

• (e) providing such supports as are reasonably necessary to enable the person, the subject of the review, to be present at the hearing and to present his or her case to the review board in person or through a legal representative, including the making of directions to the registered acute mental health centre concerned and to any other person requested by the person, the subject of the review, to facilitate same,

• (f) informing the person the subject of the review or his or her legal representative of his or her entitlement to not attend a hearing of the review board under this section if the person does not wish to so attend,

• (g) enabling written statements to be admissible as evidence by the review board with the consent of the person the subject of the review or his or her legal representative,

• (h) enabling any signature appearing on a document produced before the review board to be taken, in the absence of evidence to the contrary, to be that of the person whose signature it purports to be,

• (i) the examination by or on behalf of the review board and by or on behalf of the person the subject of the review (on oath or affirmation or otherwise as it may determine) of witnesses called before the hearing by the review board or by or on behalf of the person the subject of the review,

• (j) the determination by a witness as to whether the evidence he or she gives to the review board should be given on oath or affirmation,

• (k) the administration by the review board of the oath or affirmation to witnesses before the review board, and

• (l) the recording of a sufficient record of a hearing of the review board.

• (7) A witness whose evidence has been, is being or is to be given before the review board in a hearing under this Act shall be entitled to the same privileges and immunities as a witness in a court.

• (8) A legal representative appearing before the review board in a hearing under this Act shall be entitled to the same privileges and immunities as a legal representative in a court.

• (9) The review board shall exclude during a hearing of the review board all persons except persons directly concerned in the matter before the review board and such other persons (if any) as the review board may in its discretion permit to remain.

• (10) The following shall be absolutely privileged:

• (a) documents of the review board and documents of its members connected with the review board or its functions, wherever published;

• (b) reports of the review board, wherever published;

• (c) statements made in any form at hearings of the review board by its members and such statements wherever published subsequently.

• (11) A person the subject of a review shall be entitled to attend any hearing concerning his or her involuntary admission but shall not be required to attend if he or she or his or her legal representative states that the person does not wish to so attend.

• (12) Subject to subsection (13), the Commission shall publish on its website on a quarterly basis and in such form and manner as it considers appropriate, anonymised versions of every decision of a review board under section 31.

• (13) Where the Commission is of the view that, notwithstanding subsection (12), due to the existence of exceptional circumstances, the publication of a case under subsection (12) would nonetheless identify the parties in relation to whom the decision relates, it may make a determination that the decision should not be published by the Commission.

29. Provision of information to legal representatives

29. A legal representative assigned to a person under section 30(1)(c) or otherwise engaged by the person to represent him or her at a review or on an appeal to the Circuit Court under section 32 shall, with the prior consent of the person concerned, be entitled to access to the person’s medical records.

30. Referral to review board

30. (1) Following the receipt by the Commission of an involuntary admission order or a renewal order, the Commission shall, as soon as possible—

• (a) refer the matter to a review board for hearing,

• (b) set the time and date for the hearing,

• (c) assign a legal representative to represent the involuntarily admitted person concerned unless he or she has engaged or proposes to engage one at his or her own expense,

• (d) request the clinical director of the registered acute mental health centre to arrange for a mental healthcare professional (other than a consultant psychiatrist) on the staff of the registered acute mental health centre who is or will be involved in the care and treatment of the person concerned to carry out a psychosocial assessment of the person concerned, and

• (e) direct in writing an independent consultant psychiatrist from the panel of independent consultant psychiatrists to—

• (i) examine the person concerned,

• (ii) interview the responsible consultant psychiatrist and another mental healthcare professional (other than a consultant psychiatrist) who is involved in the care and treatment of the person, and

• (iii) review the medical records relating to the person,

in order to determine whether the person continues to fulfil the criteria for involuntary admission.

• (2) A mental healthcare professional who carries out a psychosocial assessment of a person under subsection (1)(d) shall prepare and submit his or her report to the Commission in the form specified by the Commission not less than 3 working days prior to the hearing by the review board.

• (3) An independent consultant psychiatrist who examines a person under subsection (1)(e) shall submit his or her report in the form specified by the Commission on—

• (a) the results of the examination under subparagraph (i) of that subsection,

• (b) the interviews under subparagraph (ii) of that subsection, and

• (c) the review under subparagraph (iii) of that subsection,

to the Commission not less than 3 working days prior to the hearing by the review board.

• (4) Where the Commission gives a direction to an independent consultant psychiatrist under subsection (1)(e), the clinical director of the registered acute mental health centre concerned shall, upon presentation of the direction, admit the independent consultant psychiatrist to the registered acute mental health centre and facilitate the—

• (a) examination under subsection (1)(e)(i),

• (b) interviews under subsection (1)(e)(ii), and

• (c) review under subsection (1)(e)(iii).

• (5) If the independent consultant psychiatrist to whom a direction has been given under subsection (1)(e) is unable to fulfil a direction under subsection (1), he or she shall so notify the Commission in writing and the Commission shall give a direction under subsection (1) to another member of the panel of independent consultant psychiatrists.

• (6) The responsible consultant psychiatrist may, but is not obliged to, submit a report to the Commission as soon as may be and in any event no later than 3 working days prior to the review board hearing.

• (7) A person who obstructs or interferes or fails to cooperate with an independent consultant psychiatrist in the performance of his or her functions under this section 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.

• (8) The Commission shall provide the review board and the legal representative of the person concerned with the reports submitted to it under subsections (2) and (3) and any report submitted to it under subsection (6), as soon as may be prior to the review board hearing.

31. Review by review board of involuntary admission order or renewal order

31. (1) Following a referral by the Commission of an involuntary admission order or a renewal order to a review board under section 30, the review board shall review the involuntary admission of the person concerned, having regard to the documents provided to it under section 30(8).

• (2) Where a review board has reviewed the involuntary admission of a person under subsection (1), the review board shall either—

• (a) affirm the involuntary admission order or renewal order, as the case may be, if the review board is satisfied that the person has a mental disorder which fulfils the criteria for involuntary admission and either of the following applies—

• (i) the provisions of sections 8, 11 to 25 and 37, where applicable, have been complied with, or

• (ii) if there has been a failure to comply with any such provision, that the failure does not affect the substance of the order concerned and does not cause an injustice,

or

• (b) revoke the involuntary admission order or renewal order the subject of the review, as the case may be, if the review board is not so satisfied.

• (3) Subject to subsection (4), the review board shall carry out the steps under subsections (1) or (2), as the case may be, as soon as may be, but in any event not later than 21 days, or such shorter period as may be prescribed, after the date of making of the order concerned.

• (4) The period referred to in subsection (3)—

• (a) shall be extended by order by the review board for a period of up to 7 days upon the request of the involuntarily admitted person or his or her legal representative, and

• (b) may be extended by order by the review board—

• (i) of its own motion, for a period of up to 7 days, or

• (ii) either of its own motion or at the request of the involuntarily admitted person or his or her legal representative, for a further period of up to 7 days from the date of the expiry of an order made under paragraph (a) or (b)(i) where the review board is satisfied, on the basis of the issue or issues raised and the facts presented, that a further extension is reasonable having regard to the guiding principles.

• (5) Where an involuntary admission order or a renewal order, as the case may be, is affirmed under subsection (2)(a), the chair of the review board shall, as soon as may be after the decision is made on the day of the hearing, notify its decision and the reasons for it in the form specified by the Commission to each of the following persons:

• (a) the involuntarily admitted person and, where applicable, his or her legal representative;

• (b) the Commission;

• (c) the responsible consultant psychiatrist;

• (d) any other person to whom, in the opinion of the review board, such notice should be given.

• (6) Where an involuntary admission order or a renewal order, as the case may be, is revoked under subsection (2)(b)—

• (a) the chair of the review board shall, as soon as may be after the decision has been made on the day of the hearing, notify in writing its decision and the reasons for it in the form specified by the Commission to the parties specified in paragraphs (a) to (d) of subsection (5), and

• (b) immediately upon notification under paragraph (a), the clinical director of the registered acute mental health centre shall discharge the involuntarily admitted person in accordance with section 40 unless his or her detention is authorised otherwise than under this Act.

• (7) In addition to providing written notification of a decision to an involuntarily admitted person under subsection (5)(a) or (6)(a), the review board shall also notify an involuntarily admitted person of its decision in person at the hearing unless the person requests otherwise.

• (8) The decision of a review board to affirm a decision under this section shall set out in writing the reasons for each matter which it was required to consider when considering whether or not to affirm that decision.

• (9) In this section, references to an involuntary admission order shall include references to the recommendation for involuntary admission and the application for a recommendation for involuntary admission to which the admission order concerned relates.

32. Appeal to Circuit Court

32. (1) An involuntarily admitted person may appeal to the Circuit Court against a decision of a review board to affirm an involuntary admission order or a renewal order, as the case may be, made in respect of him or her on the grounds that—

• (a) he or she does not meet the criteria for involuntary admission, or

• (b) the provisions of sections 8, 11 to 25 and 37, where applicable, were not complied with, and the failure affected the substance of the order and caused an injustice and the failure to comply with the provisions concerned was such as to render the detention invalid.

• (2) An appeal under this section shall be brought by the involuntarily admitted person by notice within 28 days of the date of receipt by him or her or by his or her legal representative of the written notice under section 31 of the decision concerned.

• (3) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of the circuit in which the registered acute mental health centre concerned is situated or, at the option of the involuntarily admitted person, in which the person is ordinarily resident.

• (4) On appeal to it under subsection (1)(a), the Circuit Court shall—

• (a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the person fulfils the criteria for involuntary admission, affirm the order, or

• (b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the person fulfils the criteria for involuntary admission, revoke the order.

• (5) On appeal to it under subsection (1)(b), the Circuit Court shall—

• (a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, affirm the order, or

• (b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, revoke the order.

• (6) An order under subsection (4) or (5) may contain such consequential or supplementary provisions as the Circuit Court considers appropriate.

• (7) Notice of an appeal under subsection (1) and a copy of the proceedings shall be served by the person bringing the appeal on—

• (a) the review board,

• (b) the registered proprietor of the registered acute mental health centre concerned,

• (c) the responsible consultant psychiatrist, and

• (d) any other person specified by the Circuit Court.

• (8) Before making an order under this section, the Circuit Court may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.

• (9) The Circuit Court shall exclude from the Court during the hearing of an appeal under this section all persons except officers of the Court, persons directly concerned in the hearing, bona fide representatives of the press and such other persons (if any) as the Court may in its discretion permit to remain.

• (10) No matter that is likely to lead members of the public to identify a person who is or has been the subject of proceedings under this section shall be published or broadcast.

• (11) Without prejudice to subsection (9), the Circuit Court may, in any case where it is satisfied that it is appropriate to do so in the interests of the involuntarily admitted person the subject of the appeal, by order dispense with the prohibitions of that subsection in relation to him or her to such extent as may be specified in the order.

• (12) If any matter is published or broadcast in contravention of subsection (10), each of the following persons, namely:

• (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

• (b) in the case of any other publication, the person who publishes it;

• (c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

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) Nothing in this section shall affect the law as to contempt of court.

• (14) In any proceedings under this section a document purporting to be a report prepared pursuant to section 30 concerning an involuntarily admitted person shall be evidence of the matters stated in the document without further proof and shall, unless the contrary is proved, be deemed to be such a report.

• (15) The Court shall notify the Commission of the appeal and the outcome of the proceedings.

• (16) No appeal shall lie against an order of the Circuit Court under this section other than an appeal on a point of law to the High Court.

• (17) In this section—

“broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009;

“publish” means publish, other than by way of broadcast or in an indictment or other document prepared for use in particular legal proceedings, to the public or a portion of the public.

33. Transfer of person on application of person

33. (1) Subject to subsection (2), where an involuntarily admitted person applies to the clinical director of a registered acute mental health centre for a transfer to another registered acute mental health centre, the clinical director of the first-mentioned registered acute mental health centre may arrange for the transfer of the person to the second-mentioned registered acute mental health centre, with the consent of the clinical director of that second-mentioned registered acute mental health centre.

• (2) Before making a decision on whether to arrange for a transfer of an involuntarily admitted person to another registered acute mental health centre under subsection (1), the clinical director concerned shall consult with the person the subject of the application and the members of staff who are involved with the care and treatment of the involuntarily admitted person at the registered acute mental health centre.

• (3) The clinical director shall, within 7 days of receiving a request from an involuntarily admitted person for a transfer under subsection (1)—

• (a) make his or her decision on whether or not to arrange for the transfer,

• (b) provide a copy in writing of that decision to the involuntarily admitted person who made the application which shall include, where the clinical director declines a request, the reasons for declining the request, and

• (c) provide a copy of the request and his or her decision to the Commission.

• (4) Where an involuntarily admitted person is transferred to a registered acute mental health centre under subsection (1), the clinical director of the registered acute mental health centre from which the person has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.

• (5) An involuntarily admitted person may be detained in a registered acute mental health centre to which he or she has been transferred under subsection (1) until the date of the expiration of the involuntary admission order or any subsequent renewal order, as the case may be, pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.

• (6) The detention of an involuntarily admitted person in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre to which he or she has been transferred.

34. Transfer of person by clinical director in certain circumstances

34. (1) Where, in relation to an involuntarily admitted person, the clinical director of a registered acute mental health centre is of the opinion that—

• (a) it would be for the benefit of the involuntarily admitted person in that registered acute mental health centre to be transferred to another registered acute mental health centre (other than the Central Mental Hospital), or

• (b) it is necessary for the purpose of obtaining special treatment, the details of which shall be specified in writing, for the person to be transferred to another registered acute mental health centre (other than the Central Mental Hospital),

the clinical director of the first-mentioned registered acute mental health centre may arrange for the transfer of the involuntarily admitted person to the other registered acute mental health centre, with the consent of the clinical director of that second mentioned registered acute mental health centre.

• (2) Where an involuntarily admitted person is transferred to a registered acute mental health centre under subsection (1), the clinical director of the registered acute mental health centre from which the involuntarily admitted person has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.

• (3) An involuntarily admitted person may be detained in a registered acute mental health centre to which he or she has been transferred under subsection (1)(a) until the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.

• (4) A person who is transferred under subsection (1)(b) to another registered acute mental health centre may be kept there so long as is necessary for the purpose of the specified special treatment and shall then be taken back to the registered acute mental health centre from which he or she was transferred, which may not, in any event, be later than the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.

• (5) The detention of an involuntarily admitted person in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she has been transferred.

• (6) In this section, references to an involuntary admission order include references to a renewal order.

35. Transfer of involuntarily admitted person to Central Mental Hospital

35. (1) Where the clinical director of a registered acute mental health centre is of the opinion that—

• (a) it would be for the benefit of an involuntarily admitted person to be transferred to the Central Mental Hospital, or

• (b) it is necessary for the purpose of obtaining special treatment, the details of which shall be specified in writing, for the involuntarily admitted person to be transferred to the Central Mental Hospital,

he or she shall send a proposal for the transfer of the involuntarily admitted person concerned to that hospital (in this section referred to as a “proposal”) to the Commission.

• (2) Where the clinical director sends a proposal to the Commission under subsection (1), he or she shall also notify the clinical director of the Central Mental Hospital that a proposal has been sent to the Commission in respect of the person, the subject of the proposal concerned.

• (3) A proposal under subsection (1) shall be made in the form and manner specified by the Commission and shall specify the reasons for the proposed transfer of the person concerned.

• (4) Where the Commission receives a proposal, the Commission shall—

• (a) refer the proposal to a review board,

• (b) set the time and date for the review to be heard in accordance with subsection (9), and

• (c) direct in writing (referred to in this section as a “direction”) an independent consultant psychiatrist from the panel of independent consultant psychiatrists to—

• (i) examine the person concerned, the subject of the proposal,

• (ii) interview the responsible consultant psychiatrist and another mental healthcare professional (other than a consultant psychiatrist) who is involved in the care and treatment of the person, and

• (iii) review the medical records relating to the person,

in order to determine whether the transfer of the person, the subject of the proposal, to the Central Mental Hospital should proceed.

• (5) In so far as possible, the independent consultant psychiatrist directed under subsection (4) to examine a person, the subject of a proposal, shall be a forensic consultant psychiatrist.

• (6) An independent consultant psychiatrist directed under subsection (4)(c) shall submit a report in the form specified by the Commission on the results of the examination under subparagraph (i), the interviews under subparagraph (ii) and the review under subparagraph (iii) of that subsection to the Commission, and to the review board to which the matter has been referred not less than 3 working days prior to the date of the review board hearing.

• (7) The Commission shall provide a copy of the report referred to in subsection (6) to the legal representative of the person concerned as soon as may be prior to the review board hearing.

• (8) If the independent consultant psychiatrist to whom a direction has been given under subsection (4)(c) is unable to fulfil the direction, he or she shall so notify the Commission in writing and the Commission shall give a direction to another member of the panel of independent consultant psychiatrists.

• (9) A review board which has received a proposal under subsection (4) and a report under subsection (6), shall review the proposal and report as soon as may be but not later than 14 days after receipt of the proposal and shall—

• (a) if it is satisfied that the proposed transfer would be for the benefit of the involuntarily admitted person or that it is necessary for the purpose of obtaining special treatment for the admitted person concerned, authorise the transfer of the admitted person concerned, or

• (b) if it is not so satisfied, refuse to authorise the transfer.

• (10) The provisions of sections 28, 29, 30 and 32, where applicable, shall apply to the referral of a proposal to a review board under this section as they apply to the referral of an involuntary admission order to a review board with any necessary modifications.

• (11) Effect shall not be given to a decision to which subsection (9) applies before—

• (a) the expiration of the time for the bringing of an appeal to the Circuit Court, or

• (b) if such an appeal is brought, the determination or withdrawal thereof.

• (12) Where an involuntarily admitted person is transferred to the Central Mental Hospital under this section, the clinical director of the registered acute mental health centre from which he or she has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.

• (13) The detention of an involuntarily admitted person in the Central Mental Hospital under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she has been transferred.

• (14) A person’s detention in the Central Mental Hospital may continue

until—

• (a) the expiry of the order detaining the person, or

• (b) the expiry of any subsequent renewal order where, in advance of the making of the renewal order concerned—

• (i) the clinical director of the registered acute mental health centre from which the person was transferred approves a further period of detention, and

• (ii) the clinical director of the Central Mental Hospital has consented in writing to the further detention.

• (15) An approval under subparagraph (i) of subsection (14)(b) and a consent under subparagraph (ii) of that subsection shall be valid until the expiry of the order detaining the person and thereafter for each period of a renewal order, if, in respect of each period, the necessary approval and consent is obtained under subsection (14) in respect of the involuntarily admitted person concerned.

• (16) A report shall be provided by the clinical director of the Central Mental Hospital to the Commission every 3 months regarding the status of the persons detained in the Central Mental Hospital under this Act and the status of all of the pending applications for transfer under this section to the Central Mental Hospital.

• (17) The Commission shall prepare and publish a code of practice in relation to this section.

• (18) In this section, “forensic consultant psychiatrist” means a consultant psychiatrist who has not less than 3 years postgraduate training certified by the College of Psychiatrists of Ireland in forensic psychiatry.

36. Transfer to hospital or other place in certain circumstances

36. (1) A clinical director of a registered acute mental health centre may arrange for the transfer of an involuntarily admitted person detained in that centre to a hospital or other place, other than a registered acute mental health centre or a designated centre, for the purposes of receiving treatment and for his or her detention there for that purpose.

• (2) A person who is transferred under this section to a hospital or other place under subsection (1) may be kept there so long as is necessary for the purpose of his or her treatment, but no longer than the expiry of the involuntary admission order or any subsequent renewal order pursuant to which he or she is detained, and shall then be taken back to the registered acute mental health centre from which he or she was transferred.

• (3) The detention of a person in a hospital or other place under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre from which he or she was transferred.

37. Power to detain voluntarily admitted person who fulfils criteria for involuntary admission

37. (1) Where in respect of a voluntarily admitted person, a responsible consultant psychiatrist or another mental healthcare professional who is responsible for or involved in the care and treatment of the voluntarily admitted person is of the opinion that the voluntarily admitted person fulfils the criteria for involuntary admission, he or she, for the purpose of carrying out the matters in subsections (2) to (7), may—

• (a) take charge of the person the subject of his or her opinion, and

• (b) detain him or her for a period not exceeding 24 hours.

• (2) The responsible consultant psychiatrist shall carry out an examination of the person concerned under section 21(1).

• (3) If, following an examination of the voluntarily admitted person, the responsible consultant psychiatrist is of the opinion that the person does not fulfil the criteria for involuntary admission—

• (a) the process for involuntary admission initiated under subsection (1) shall not proceed further, and

• (b) the voluntarily admitted person shall be immediately notified of the decision and informed of his or her right to leave the centre or stay as a voluntarily admitted person and a record of the decision shall be recorded in that person’s medical records.

• (4) If, following an examination of the voluntarily admitted person, the responsible consultant psychiatrist is satisfied that the person the subject of the opinion has a mental disorder which fulfils the criteria for involuntary admission, the consultant psychiatrist shall arrange for another consultant psychiatrist who is not on the staff of the registered acute mental health centre and who will not be involved in the care and treatment of the person concerned (in this section referred to as the “second consultant psychiatrist”) to carry out a second examination of the person.

• (5) If, following an examination of the voluntarily admitted person and consultation with the responsible consultant psychiatrist, the second consultant psychiatrist—

• (a) is satisfied that the voluntarily admitted person fulfils the criteria for involuntary admission, he or she shall as soon as may be and in any event not later than 24 hours after the examination concerned, issue a certificate in writing in a form specified by the Commission stating that opinion and the reason for his or her opinion, or

• (b) is not satisfied that the person fulfils the criteria for involuntary admission, he or she shall, as soon as may be and in any event not later than 24 hours after the examination concerned, issue a certificate in writing in a form specified by the Commission stating that he or she is of the opinion that the voluntarily admitted person does not fulfil the criteria for involuntary admission.

• (6) Where a certificate is issued under subsection (5)(a), the responsible consultant psychiatrist shall make an order (in this Act referred to as an “involuntary admission order”) in a form specified by the Commission for the reception, detention and care and treatment of the voluntarily admitted person in the registered acute mental health centre and the opinion of the second consultant psychiatrist shall be recorded in the involuntary admission order.

• (7) Where a certificate is issued under subsection (5)(b)—

• (a) the process for involuntary admission initiated under subsection (1) shall not proceed further, and

• (b) the responsible consultant psychiatrist shall inform the voluntarily admitted person that he or she is not being involuntarily admitted and that he or she is free to leave the registered acute mental health centre immediately or stay as a voluntarily admitted person and a record of the decision shall be recorded in his or her medical records.

• (8) All steps taken under this section shall be completed within 24 hours of the time the person is detained under subsection (1).

• (9) Sections 21(4), 22 to 36, 38, 39 and 40 shall apply to a person involuntarily admitted under this section as they apply to a person involuntarily admitted under section 21 with any necessary modifications.

• (10) The Commission shall be notified in a form specified by the Commission of the decision to detain or the decision not to detain in accordance with this section.

38. Absence with leave

38. (1) A responsible consultant psychiatrist may, in respect of an involuntarily admitted person and subject to subsection (2), grant permission in writing (in this Act referred to as a “permitted absence”) to the person to be absent from the registered acute mental health centre concerned subject to such conditions as the responsible consultant psychiatrist considers appropriate and so specifies in writing.

• (2) A permitted absence given to a person shall not exceed 14 continuous days and shall not exceed the unexpired period of an involuntary admission order or renewal order, as the case may be, in respect of the involuntarily admitted person.

• (3) Where a person is absent from a registered acute mental health centre pursuant to subsection (1), the responsible consultant psychiatrist may, if he or she is of the opinion that it is clinically appropriate to do so, withdraw the permission granted under subsection (1) and direct the person in writing to return to the registered acute mental health centre.

• (4) The responsible consultant psychiatrist may extend in writing the period of permitted absence by such further periods not exceeding 14 continuous days, and for so long a period as does not exceed the unexpired period of the involuntary admission order or renewal order, as the case may be, in respect of the person.

• (5) Any notice of an extension of absence given under subsection (4) shall be notified to the Commission within 24 hours of the making of the notice in a form specified by the Commission.

• (6) The Commission shall prepare and publish a code of practice in relation to this section.

39. Absence without leave

39. (1) Where an involuntarily admitted person in respect of whom an involuntary admission order or a renewal order is in force—

• (a) leaves a registered acute mental health centre otherwise than by way of a permitted absence,

• (b) fails to return to the registered acute mental health centre in accordance with any direction given to him or her under section 38 or on the expiration of the permitted absence, or

• (c) fails, in the opinion of the responsible consultant psychiatrist, to comply with any condition specified in the permitted absence,

the clinical director of the registered acute mental health centre concerned shall arrange for a member or members of the staff of the centre or other person or persons, duly authorised in that behalf under section 19, to bring the person back to the registered acute mental health centre.

• (2) Where a member of staff or another person duly authorised in that behalf under section 19, as the case may be, is unable to bring the admitted person back to the registered acute mental health centre, the clinical director or a consultant psychiatrist acting on his or her behalf shall, if necessary, request An Garda Síochána to assist in bringing the person back to that registered acute mental health centre and where An Garda Síochána receives a request in that regard, An Garda Síochána shall comply with such a request as soon as practicable.

• (3) A member of An Garda Síochána may for the purposes of this section—

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

• (b) take all reasonable measures to bring the involuntarily admitted person back to the registered acute mental health centre including, where necessary, the detention or restraint of the person concerned.

• (4) The clinical director of a registered acute mental health centre shall notify the Commission of all absences referred to in subsection (1) in a form specified by the Commission within 24 hours of the absence occurring.

40. Discharge of admitted persons

40. (1) Where the responsible consultant psychiatrist becomes of the opinion that a person no longer fulfils the criteria for involuntary admission, he or she shall by order, in a form specified by the Commission, revoke the relevant involuntary admission order or renewal order, as the case may be, in respect of the person and inform the person in writing of that opinion and the effect of the revocation of the order.

• (2) Notwithstanding the revocation of an order in respect of a person under subsection (1), the person may, if he or she wishes, with the agreement of his or her responsible consultant psychiatrist, remain in the registered acute mental health centre as a voluntarily admitted person.

• (3) When an order is revoked under subsection (1), the responsible consultant psychiatrist shall immediately meet with the person concerned to provide him or her with all relevant information from the person’s individual care plan, which shall include information regarding—

• (a) the fact that the person may, with the agreement of his or her responsible consultant psychiatrist, remain in the registered acute mental health centre as a voluntarily admitted person,

• (b) what will occur if the person decides to stay in the registered acute mental health centre as a voluntarily admitted person, and

• (c) what will occur if the person decides to leave the registered acute mental health centre.

• (4) The person concerned may, at his or her request, be accompanied by a nominated person at any meeting held under subsection (3).

• (5) The decision to remain as a voluntarily admitted person in the registered acute mental health centre, with the agreement of the person’s responsible consultant psychiatrist, or to leave the registered acute mental health centre shall be a decision of the person.

• (6) The decision of the person, the subject of the revocation order, shall be recorded in that person’s medical records.

• (7) Where a consultant psychiatrist revokes an order under subsection (1), the consultant psychiatrist shall give to the person concerned and his or her legal representative (if any) a notice in a form specified by the Commission to the effect that he or she—

• (a) is no longer involuntarily admitted,

• (b) is free to leave the registered acute mental health centre, or with the agreement of his or her responsible consultant psychiatrist, stay as a voluntarily admitted person, and

• (c) subject to subsections (9) to (12) and (14), is entitled to have his or her involuntary admission reviewed by a review board in accordance with the provisions of section 31 or, where such review has commenced, completed in accordance with that section if he or she so requests by notice in writing addressed to the Commission within 14 days of the date of his or her discharge.

• (8) Where a responsible consultant psychiatrist revokes an order under subsection (1), he or she shall cause copies of the order made under that subsection and the notice referred to in subsection (7) to be given to the Commission and, subject to the consent of the previously admitted person, any other party.

• (9) Subject to subsection (10), where an order is revoked under subsection (1) in respect of a person and the order has been referred to a review board under section 30 but the time and date has not been scheduled for the hearing of the review of the detention by the review board or the hearing has not commenced, the hearing by the review board shall not commence unless the person the subject of the order or his or her legal representative requests by notice in writing addressed to the Commission, as soon as practicable, but no later than 14 days after the date of the revocation of the order, that the review be completed.

• (10) Where an order is revoked under subsection (1) and the revocation takes place within 48 hours before the time and date scheduled for the hearing of the review of the detention by the review board, the review shall continue at the time and date scheduled if the person or his or her legal representative submits a request in writing to the Commission to confirm that he or she wishes the hearing to proceed on that date.

• (11) Where no request for the hearing to proceed is received under subsection (10), the review shall be discontinued.

• (12) Where a person or his or her legal representative requests under subsection (9) that a review be completed, that review shall take place within 21 days of the date the request is made.

• (13) Where a person who is the subject of an order revoking his or her involuntary admission requests that a review be completed or held, as the case may be, under subsection (9), the provisions of sections 30, 31 and 32 shall apply in relation to the review with any necessary modifications.

• (14) Notwithstanding section 31(2), in the case of an involuntary admission order or renewal order, where a person requests that a review be completed or held, as the case may be, under subsection (9) or (10), the review board shall review the detention of the person concerned and shall determine whether—

• (a) (i) the provisions of sections 8, 11 to 25 and 37, where applicable, were complied with, or

• (ii) if there was a failure to comply with any such provision, if the failure affected the substance of the order and caused an injustice,

and

• (b) the consultant psychiatrist who made the involuntary admission order or renewal order did so on the date the order was made on the basis that the person fulfilled the criteria for involuntary admission at the time of the making of the involuntary admission order or renewal order, as the case may be.

• (15) Where a person is going to be discharged or has been discharged under subsection (1), a member of the person’s multidisciplinary team shall engage with the person concerned and, in so far as is practicable and where appropriate, liaise with any nominated person for the purposes of planning the discharge of the person who is being discharged.

41. Provision of information for persons admitted as voluntarily admitted person to registered acute mental health centre

41. (1) The responsible consultant psychiatrist of a voluntarily admitted person shall, as soon as is practicable after the person is admitted to the registered acute mental health centre, give or cause to be given to the person a notice in writing of the admission, which notice shall include a statement in writing to the effect that the person—

• (a) will be given a general description of the proposed care and treatment to be administered to him or her during the period of voluntary admission,

• (b) is entitled to receive information on any aspect of his or her proposed care and treatment at any time during the period of admission,

• (c) will be provided with an explanatory note on the guiding principles in relation to all decisions regarding his or her care and treatment,

• (d) is entitled to consent to or refuse treatment during the period of voluntary admission,

• (e) is informed of the complaints procedure for the registered acute mental health centre and of his or her entitlement to bring a complaint under that procedure,

• (f) is informed of any relevant advocacy services,

• (g) is entitled to communicate with the Chief Inspector,

• (h) is entitled to discuss discharge planning with a member of his or her multidisciplinary team,

• (i) is entitled to have a nominated person under section 192 accompany him or her to meetings and to consult with on decisions regarding the proposed care and treatment to be administered during the period of admission, and

• (j) subject to section 37, is informed that he or she may leave the registered acute mental health centre at any time.

• (2) A nominated person shall be entitled to—

• (a) receive a copy of the notice provided under subsection (1),

• (b) receive any information subsequently provided under paragraph (a), (b) or (c) of that subsection, and

• (c) accompany the voluntarily admitted person to meetings and consult with him or her on decisions regarding the proposed care and treatment to be administered during the period of admission.

• (3) A notice provided under subsection (1) and any information subsequently provided under paragraph (a), (b) or (c) of that subsection shall be in a form and language that the person in receipt of the information can understand.

Chapter 3 Consent to treatment

42. Definitions (consent to treatment)

42. In this Chapter—

“initial treatment period” means the period specified in section 47(1);

“further treatment period” means the period specified in section 47(4).

43. Consent to treatment to be obtained prior to treatment

43. A mental healthcare professional shall, before treating an involuntarily admitted person, obtain consent for the treatment concerned from the involuntarily admitted person, unless otherwise expressly provided for in this Act.

44. Person’s consent to treatment

44. (1) Consent, in relation to an involuntarily admitted person, means consent of the person obtained freely without threats or inducements where—

• (a) adequate information in a form and language that the person can understand on the nature, purpose and likely effects of the treatment concerned has been given to the person, and

• (b) he or she has capacity to give the consent concerned.

• (2) Subject to sections 47, 49 and 50, a person may, at any time do either or both of the following:

• (a) refuse any treatment proposed to him or her;

• (b) withdraw his or her consent to any treatment.

• (3) It shall be presumed that every person has capacity to give his or her consent to, or to refuse, treatment unless the contrary is shown in accordance with the Act of 2015 or the provisions of this Part.

• (4) Where an involuntarily admitted person is making a decision in relation to his or her treatment under this Act, he or she may consult with a nominated person or any other person of his or her choosing.

• (5) Each consent to or refusal of treatment under this Chapter shall be made in relation to the specific treatment proposed and a person shall not make a decision that has the effect (whether intentional or otherwise) of providing general consent to or, as the case may be, general refusal to consent to all forms of treatment without considering each specific treatment proposed.

45. Capacity assessment

45. (1) Where a responsible consultant psychiatrist reasonably considers that an involuntarily admitted person may lack capacity to consent to or refuse treatment, then he or she shall, as soon as practicable, carry out a capacity assessment or arrange for another mental healthcare professional who is involved in the care and treatment of the person concerned to carry out the capacity assessment.

• (2) Where, following the completion of a capacity assessment of an involuntarily admitted person, the responsible consultant psychiatrist, or other mental healthcare professional, concludes that the person, the subject of the assessment, lacks capacity to consent to or refuse treatment, the responsible consultant psychiatrist shall arrange for a second capacity assessment of the person to be carried out by another consultant psychiatrist or other mental healthcare professional.

• (3) A second capacity assessment shall not be carried out by a person who is involved in the care and treatment of the person concerned.

• (4) Where, following the completion of a capacity assessment and second capacity assessment, both the responsible consultant psychiatrist or other mental healthcare professional who carried out the assessments concerned conclude that the person, the subject of the assessment, lacks capacity to consent to or refuse a proposed treatment, then that person shall be assessed as lacking capacity to give consent to the proposed treatment and the provisions of sections 46 to 51 shall apply accordingly.

• (5) Where, following the completion of a capacity assessment under subsection (1), or a second capacity assessment, the mental healthcare professional concerned finds that the person, the subject of the assessment, does not lack capacity, then that person shall be assessed as having capacity to consent to or refuse the proposed treatment.

• (6) A capacity assessment and, where applicable, a second capacity assessment shall be—

• (a) arranged for and carried out as soon as practicable, and

• (b) carried out regularly, with the frequency of review based on the individual needs of the person concerned, and in any event not less than once every 14 days, to assess whether the person continues to lack the necessary capacity to consent to or refuse treatment.

• (7) A capacity assessment and a second capacity assessment of a person and the findings thereof shall be retained and recorded in the person’s medical records.

• (8) An involuntarily admitted person, and his or her nominated person, if any, shall be entitled to be furnished with copies of the capacity assessments on request.

• (9) A spouse or relative of a person shall be disqualified from carrying out a capacity assessment in respect of that person.

• (10) The Commission shall prepare and publish a code of practice in relation to capacity assessments.

46. Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3

46. (1) Where, prior to his or her involuntary admission or following an application under section 48, an involuntarily admitted person is declared under Part 5 of the Act of 2015 to lack capacity to consent to or refuse a proposed treatment, the treatment may be administered to him or her if—

• (a) in a case where there is a decision-making representative duly authorised by the Circuit Court to make decisions relevant to the person’s mental healthcare and treatment, the decision-making representative concerned consents to the treatment proposed in accordance with the Act of 2015, and

• (b) in a case where the Circuit Court has made a decision-making order under section 38 of the Act of 2015, the order of the Court provides for consent to the specific treatment proposed.