MENTAL HEALTH ACT 2026

• (2) Where an involuntarily admitted person has been assessed to lack capacity to give consent to or refuse treatment under section 45 and there is a valid advance healthcare directive in place in respect of the person, which is relevant to the specific treatment proposed, the treatment may be administered to him or her if a provision of the directive, or a designated healthcare representative duly authorised under the directive, provides for consent to the specific treatment proposed.

• (3) A decision-making representative or a designated healthcare representative duly authorised to represent an involuntarily admitted person in respect of that person’s mental healthcare and treatment shall perform his or her functions in accordance with the Act of 2015.

• (4) Where an involuntarily admitted person has been assessed to lack capacity to give consent to or refuse treatment under section 45 and subsections (1) and (2) do not apply, treatment may be administered to him or her in accordance with section 47, 49 or 50, as the case may be.

• (5) Where treatment is administered to an involuntarily admitted person without consent under this Chapter, the absence of consent and details of the treatment or treatments shall be noted in the medical records of the person.

47. Administration of treatment following admission

47. (1) Subject to subsections (2) to (6) and (9), where, following the making of an involuntary admission order—

• (a) a person is assessed under section 45 as lacking capacity to consent to or refuse treatment, or

• (b) a capacity assessment or a second capacity assessment is being carried out under section 45, but that assessment has not been completed,

treatment may be administered to the person concerned for a period not exceeding 21 days from the date of making of the involuntary admission order (in this Chapter referred to as the “initial treatment period”).

• (2) Treatment may be administered to a person under subsection (1) where—

• (a) such treatment is immediately necessary for the protection of life of the person or that of another person,

• (b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or

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

• (i) he or she requires treatment immediately,

• (ii) the 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 treatment of the person concerned would be likely to materially benefit the condition of that person,

and there is no alternative safe and effective treatment available.

• (3) Where treatment is being administered to a person under subsection (1)(b)—

• (a) a capacity assessment and a second capacity assessment shall be completed no later than 72 hours after the initiation of treatment, and

• (b) the administration of treatment under that subsection shall be discontinued immediately where the person is assessed as not lacking capacity to consent to or refuse treatment after either the capacity assessment or the second capacity assessment.

• (4) A responsible consultant psychiatrist may extend an initial treatment period for a further period not exceeding 21 days (in this Chapter referred to as a “further treatment period”), commencing on the date of the expiration of the initial treatment period, if—

• (a) he or she is of the opinion that the criteria in subsection (2) continue to apply in respect of the involuntarily admitted person, and

• (b) in advance of the expiration of the initial treatment period, another consultant psychiatrist who is not involved in the care or treatment of the involuntarily admitted person confirms, in a form and manner specified by the Commission, that he or she is also of the opinion that the criteria in subsection (2) continue to apply in respect of that person.

• (5) Where there is—

• (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to an involuntarily admitted person’s mental healthcare and treatment, or

• (b) a valid advance healthcare directive in respect of an involuntarily admitted person which is relevant to the specific treatment,

treatment under this section may only be administered to that person in accordance with section 46(1) or (2), as the case may be.

• (6) Treatment may be administered to an involuntarily admitted person under subsection (1) or (4) until such time, whichever is the sooner, as any of the following occurs, upon which any initial treatment period or, where extended under subsection (4), the further treatment period shall cease:

• (a) the person is assessed to have capacity to consent to or refuse treatment under section 45;

• (b) an application is made to the Circuit Court under section 48;

• (c) the person is discharged as an involuntarily admitted person;

• (d) the responsible consultant psychiatrist discontinues the treatment;

• (e) the expiry of the initial treatment period or, where extended under subsection (4), the further treatment period.

• (7) Where section 48 applies in respect of an involuntarily admitted person and that person is receiving treatment under subsection (1) or (4), the application referred to in section 48 shall be made by the registered proprietor before the expiry of the initial treatment period or, where extended under subsection (4), the further treatment period, as the case may be.

• (8) Where a responsible consultant psychiatrist proposes to administer treatment to a person beyond the initial treatment period or, where extended under subsection (4), the further treatment period, such treatment may only be administered in accordance with section 43, 44, 46, 49 or 50, as the case may be.

• (9) A reference to treatment administered under subsection (1) shall not include treatment administered under section 51.

48. Application to Circuit Court in certain circumstances

48. (1) Where an involuntarily admitted person has been assessed as lacking capacity to consent to or refuse a proposed treatment under section 45 and there is not—

• (a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to the person’s mental healthcare and treatment,

• (b) a valid advance healthcare directive in respect of the person which is relevant to the specific treatment proposed, or

• (c) a decision-making order made by the Circuit Court under section 38 of the Act of 2015 which is relevant to the specific treatment proposed,

an application shall be made by or on behalf of the registered proprietor to the Circuit Court under Part 5 of the Act of 2015 as soon as practicable and prior to any treatment, other than treatment provided under section 47, 49 or 50, being provided to the involuntarily admitted person.

• (2) An application to the Circuit Court made under subsection (1) shall be withdrawn by the registered proprietor where—

• (a) the person the subject of the application is discharged as an involuntarily admitted person, or

• (b) the person the subject of the application is assessed under section 45 to have capacity to consent to or refuse treatment.

49. Treatment without consent pending Circuit Court determination

49. (1) Without prejudice to the generality of section 44, treatment specified in subsection (2) may be given to an involuntarily admitted person where—

• (a) an application has been made to the Circuit Court in relation to the involuntarily admitted person under section 48 but no determination has yet been made in relation to the application, or

• (b) outside of the initial treatment period or, where extended under section 47(4), the further treatment period, a capacity assessment or a second capacity assessment is being carried out under section 45 but an application to the Circuit Court under section 48 has not yet been made.

• (2) Treatment may be administered to a person under subsection (1) where there is no alternative safe and effective treatment available and—

• (a) such treatment is immediately necessary for the protection of life of the person or that of another person,

• (b) such treatment is necessary for protection from an immediate and serious threat to the health of the person, or that of another person, or

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

• (i) he or she requires treatment immediately,

• (ii) the 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 treatment of the person concerned would be likely to materially benefit the condition of that person.

• (3) Where treatment is being administered to a person under subsection (1)(b)—

• (a) a capacity assessment and a second capacity assessment shall be completed no later than 72 hours after the initiation of treatment, and

• (b) the administration of treatment under that subsection shall be discontinued immediately where the person is assessed as not lacking capacity to consent to or refuse treatment after either the capacity assessment or the second capacity assessment.

• (4) A reference to treatment administered under subsection (1) shall not include treatment administered under section 51.

• (5) Subject to subsection (6), the continued administration of treatment to an involuntarily admitted person under this section shall be—

• (a) reviewed every 3 months by a consultant psychiatrist who is not involved in the care and treatment of the involuntarily admitted person concerned, and

• (b) where that consultant psychiatrist is of the opinion that the criteria in subsection (2) continue to apply, approved in a form and manner specified by the Commission.

• (6) Treatment may be administered to an involuntarily admitted person under this section until such time, whichever is sooner, as any of the following occurs:

• (a) the Circuit Court makes a determination under Part 5 of the Act of 2015 in relation to an application under section 48;

• (b) the person is discharged as an involuntarily admitted person;

• (c) the responsible consultant psychiatrist discontinues the treatment;

• (d) the person is assessed to have capacity to consent to or refuse treatment under section 45.

50. Application to High Court for treatment order in certain circumstances

50. (1) Where treatment cannot be administered to an involuntarily admitted person because the person—

• (a) has capacity to make decisions about his or her treatment but refuses to consent to the treatment concerned, or

• (b) has a relevant decision-making representative, or has a valid and relevant advance healthcare directive or a relevant designated healthcare representative appointed under an advance healthcare directive relevant to the treatment concerned and that representative refuses to consent to the treatment concerned or the advance healthcare directive specifies that there is not consent to the treatment concerned,

an application may be made by or on behalf of the registered proprietor of the registered acute mental health centre concerned to the High Court specifying the proposed treatment and seeking an order to administer the treatment concerned to the person (in this section referred to as a “treatment order”) where all of the following apply, namely:

• (i) the treatment concerned is immediately necessary for the protection of life of another person or persons, or necessary for protection from an immediate and serious threat to the health of another person or persons;

• (ii) the involuntarily admitted person requires the treatment concerned immediately;

• (iii) there is no alternative safe and effective treatment available;

• (iv) it is likely that the condition of the involuntarily admitted person will benefit from such treatment.

• (2) A refusal to consent to the treatment referred to in subsection (1) may be withdrawn at any time, and any application made to the High Court under that subsection may be withdrawn, where—

• (a) the person has capacity and decides to withdraw his or her refusal and to now consent to the treatment,

• (b) the decision-making representative withdraws his or her refusal to consent to the treatment and now consents to the treatment, or

• (c) the relevant designated healthcare representative appointed under a valid and relevant advance healthcare directive has authority within the appointing directive to do so, and determines that it is now the will and preference of the person that the refusal be withdrawn and treatment be consented to.

• (3) Where an application for a treatment order is before the High Court, the Court may, pending its determination on the application, of its own motion or on the application of any person, give such interim directions as it sees fit as to the care and treatment of the person who is the subject of the application but any such direction shall cease to have effect immediately on the determination by the Court of the application before it.

• (4) An application may be made by or on behalf of the registered proprietor of the registered acute mental health centre concerned to the High Court to renew a treatment order made under this section, subject to any directions of the Court, where the involuntarily admitted person the subject of the treatment order continues to satisfy the criteria in subsection (1).

• (5) A treatment order shall, subject to any directions of the High Court, have effect for a period not exceeding 3 months.

• (6) An application to the High Court made under subsection (1) or (4) shall be deemed to be withdrawn where the involuntarily admitted person concerned is no longer subject to an involuntary admission order or renewal order under this Act.

51. Electro-convulsive therapy

51. (1) Subject to subsection (2), electro-convulsive therapy shall not be administered to a person unless he or she gives consent in writing to the administration of the therapy.

• (2) Where the person has been found under section 45 to lack the necessary capacity to give consent to a proposed treatment of electro-convulsive therapy, then the provisions of section 46 shall apply.

• (3) The Commission shall, with the consent of the Minister, following consultation with the Minister and the Minister for Justice, Home Affairs and Migration, make regulations providing for the use of electro-convulsive therapy in a registered acute mental health centre or a designated centre.

• (4) In particular, but without prejudice to the generality of subsection (3), regulations under subsection (3) may provide for any or all of the following matters:

• (a) the administration of electro-convulsive therapy, including using the therapy with dignity and respect for the person;

• (b) assessment of persons prior to the administration of electro-convulsive therapy;

• (c) the interaction of the administration of electro-convulsive therapy and the guiding principles;

• (d) the records to be maintained in relation to the administering of electro-convulsive therapy to a person;

• (e) facilities and staff to be provided in a registered acute mental health centre or designated centre for the use of electro-convulsive therapy;

• (f) the training and experience of relevant health professionals or specified persons who are administering electro-convulsive therapy;

• (g) clinical governance of the use of electro-convulsive therapy, including written policies by a registered acute mental health centre or designated centre on the use of electro-convulsive therapy;

• (h) communication with a nominated person regarding the use of electro-convulsive therapy;

• (i) any other matters which are necessary or expedient for the purposes of giving effect to subsection (3).

Chapter 4 Restrictive practices

52. Interpretation (restrictive practices)

52. (1) Where a specified person applies a restrictive practice in respect of a voluntarily admitted person, the admission status of the voluntarily admitted person shall be reviewed pursuant to section 37 as soon as possible after such application, but no later than 24 hours after the initiation of the application concerned.

• (2) A restrictive practice may only be applied in respect of a person who is in the care of—

• (a) a registered acute mental health centre,

• (b) the Central Mental Hospital, or

• (c) another designated centre (other than the Central Mental Hospital).

• (3) A person who contravenes a regulation made under section 58 that is stated to be a penal regulation shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

53. Seclusion

53. A person shall not be placed in seclusion in a registered acute mental health centre or designated centre unless—

• (a) the seclusion is ordered and initiated by a relevant health professional,

• (b) the seclusion is applied in respect of the person by a relevant health professional or a specified person under the direct supervision of a relevant health professional,

• (c) the application of such seclusion is determined by the relevant health professional, in accordance with regulations made under section 58, to be necessary where there is an immediate threat of serious harm to the person or to another person, and such seclusion is to prevent such a threat, and

• (d) the seclusion concerned complies with regulations under section 58.

54. Mechanical restraint

54. A mechanical restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless—

• (a) the restraint is ordered and initiated by a consultant psychiatrist only,

• (b) the restraint is applied in respect of the person by a relevant health professional or a specified person under the direct supervision of a relevant health professional,

• (c) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 58, to be necessary where there is an immediate threat of serious harm to the person or to another person, or where it is necessary for the administering of treatment to the person concerned, and

• (d) the mechanical restraint concerned complies with regulations under section 58.

55. Physical restraint

55. A physical restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless—

• (a) the restraint is ordered and initiated by a relevant health professional,

• (b) the restraint is applied to the person by a relevant health professional or a specified person under the direct supervision of a relevant health professional,

• (c) the application of such restraint is determined by the relevant health professional, in accordance with regulations made under section 58, to be necessary where there is an immediate threat of serious harm to the person or to another person, or where it is necessary for the administering of treatment to the person concerned, and

• (d) the physical restraint concerned complies with regulations under section 58.

56. Pharmacological restraint

56. A pharmacological restraint shall not be applied in respect of a person receiving treatment in a registered acute mental health centre or designated centre unless—

• (a) the restraint is ordered by a consultant psychiatrist only,

• (b) the restraint is initiated by a relevant health professional,

• (c) the restraint is applied in respect of the person by a relevant health professional,

• (d) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 58, to be necessary where there is an immediate threat of serious harm to the person or to another person, and

• (e) the pharmacological restraint concerned complies with regulations under section 58.

57. Application and recording of restrictive practices

57. (1) A restrictive practice may only be applied in respect of a person—

• (a) in rare and exceptional circumstances,

• (b) where there is no safe alternative for the person,

• (c) where it is the least restrictive practice possible in the circumstances,

• (d) where the application is proportionate to the immediate threat of serious harm to the person or to another person that has been assessed by the person who orders and initiates the practice to exist, and

• (e) for the shortest duration possible.

• (2) Where a restrictive practice is applied in respect of a person, the consultant psychiatrist or relevant health professional who ordered, initiated or applied the restrictive practice concerned shall communicate to the person in a manner in which that person is reasonably expected to understand—

• (a) the reasons why the restrictive practice is being applied,

• (b) the expected duration of the application, and

• (c) the circumstances which, in the opinion of the consultant psychiatrist or relevant health professional, will lead to the discontinuation of the application of the restrictive practice.

• (3) The consultant psychiatrist or the relevant health professional who orders, initiates or applies a restrictive practice in respect of a person shall have due regard to—

• (a) the will and preferences of the person regarding the application of the restrictive practice, and

• (b) the view of any nominated person in relation to such will and preferences,

and such will and preferences and views shall be recorded in writing in the person’s medical record and care plan.

• (4) A registered proprietor of a registered acute mental health centre or designated centre shall—

• (a) cause to be maintained in writing a record, in such form and manner as may be specified by the Commission, which shall include such information as may be specified by the Commission in respect of the application of a restrictive practice in respect of a person in that registered acute mental health centre or designated centre,

• (b) cause to be maintained in writing a record of a communication under subsection (2), and

• (c) retain a copy of each of the records referred to in paragraphs (a) and (b) with the person’s medical records for such period as may be specified in regulations made by the Commission under section 58.

• (5) A copy of the record under paragraph (a) or (b) of subsection (4) shall be made available, when so requested, for inspection by—

• (a) the Chief Inspector or an Assistant Inspector, or

• (b) another staff member of the Commission, authorised by the Chief Inspector, where the information contained in the record is required for the proper performance by the Chief Inspector or the Assistant Inspector of his or her duties.

• (6) A registered proprietor of a registered acute mental health centre or designated centre shall ensure that the Commission is notified, in the form and manner specified by the Commission and within the period specified by the Commission, of each application of a restrictive practice in respect of a person in that registered acute mental health centre or designated centre concerned.

58. Regulations concerning restrictive practices

58. (1) The Commission may, with the consent of the Minister, and following consultation with the Minister and the Minister for Justice, Home Affairs and Migration, make regulations providing for the application of restrictive practices in respect of persons who are in the care of a registered acute mental health centre or designated centre.

• (2) In particular, but without prejudice to the generality of subsection (1), regulations under subsection (1) may provide for any or all of the following matters:

• (a) the application of a restrictive practice in respect of a person (including the application of the practice with dignity and respect for the person);

• (b) the principles underpinning the application of a restrictive practice;

• (c) the interaction of the application of a restrictive practice and the guiding principles;

• (d) the procedures governing the application of a restrictive practice (including procedures in respect of the ordering and initiation of a restrictive practice in respect of a person and the persons who should be notified of such ordering and initiation);

• (e) the records to be maintained in relation to the application of a restrictive practice in respect of a person;

• (f) the monitoring of the application of a restrictive practice;

• (g) the procedures for the renewal of the application of a restrictive practice in relation to a person;

• (h) the procedures concerning the discontinuation of the application of a restrictive practice (including who may order the discontinuation of such application and under what circumstances);

• (i) the facilities and staff to be provided in a registered acute mental health centre or designated centre for the application of a restrictive practice;

• (j) the training and experience of relevant health professionals or specified persons who apply restrictive practices in relation to a person;

• (k) the clinical governance of a restrictive practice, including written policies by a registered acute mental health centre or designated centre on the application of a restrictive practice;

• (l) the use of CCTV or other electronic monitoring in relation to seclusion;

• (m) communication with any nominated person regarding the application of a restrictive practice, including how the views of such persons or the person upon whom the practice is administered are considered;

• (n) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1).

PART 4 Children

Chapter 1 General

59. Treatment of child who is not the subject of care order

59. For the avoidance of doubt, in this Part, a child that is the subject of an emergency care order, an interim care order, a supervision order or a voluntary care arrangement shall be treated the same as a child who is not the subject of a care order, unless otherwise provided.

60. Application of Act of 1991

60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.

• (2) The modifications referred to in subsection (1) are as follows:

• (a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;

• (b) references in sections 29, 35F and 35G of the Act of 1991 to the Agency shall be construed as references to—

• (i) where the child is the subject of a care order, the Executive and the Agency, and

• (ii) in all other instances, the Executive;

• (c) references in section 34 of the Act of 1991 to an order made under Part III or Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;

• (d) references in section 35 of the Act of 1991 to an order made under Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;

• (e) in section 35B of the Act of 1991—

• (i) references in subsection (2) of that section to proceedings under Part IVA and to the Family High Court shall be construed as references to proceedings under section 66 and to the Family District Court or District Court respectively, and

• (ii) references in subsection (3) of that section to proceedings under Part IV, IVB or VI and to the Family District Court or the Family Circuit Court shall be construed as references to proceedings under section 62(2) and 64(2) and to the Family District Court or District Court respectively;

• (f) in section 35D of the Act of 1991—

• (i) the reference in subsection (1) of that section to proceedings under Part IVA of that Act shall be construed as a reference to proceedings under section 66, and

• (ii) the reference in subsection (2) of that section to proceedings under Part IV, IVB or VI of that Act shall be construed as a reference to an application under section 62(2) or 64(2);

• (g) in section 35H of the Act of 1991—

• (i) references in subsection (1) of that section to a special care order and in subsection (6) of that section to a subsequent care order shall be construed as references to an involuntary admission order made under section 66 and a renewal order made under section 67 respectively, and references in subsection (1) or (6) of that section to the Family High Court shall be construed as references to the Family District Court or the District Court, and

• (ii) references in subsection (2) of that section to the Family District Court or the Family Circuit Court and an application under section 18(1) of that Act for a care order shall be construed as references to the Family District Court or District Court and an application under section 62(2) or section 64(2) respectively;

• (h) references in section 35K of the Act of 1991 to “the Minister” shall be construed as references to the Minister and the Minister for Children, Disability and Equality;

• (i) references in section 37 of the Act of 1991 to an order under Part III or IV of that Act shall be construed as references to an involuntary admission order made under section 66;

• (j) any other necessary modifications.

• (3) References in sections 18(3) and 43A of the Act of 1991 to a person having authority to consent to psychiatric examination, treatment or assessment shall, in respect of admission, detention, care and treatment under this Part, be subject to the provisions of this Act.

• (4) References in sections 13(7) and 19(4) of the Act of 1991 to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

• (5) Where a child is the subject of a special care order (within the meaning of the Act of 1991) or an interim special care order (within the meaning of the Act of 1991), he or she may be admitted to a registered acute mental health centre and treated under this Act as if he or she was the subject of a care order, with the modification that references to an application to—

• (a) the District Court or the Family District Court under section 62(2), 64(2), 66, 67, 70, 71 or 80,

• (b) the Family Circuit Court under section 69, or

• (c) the Family High Court under section 87,

shall be construed as references to an application to the High Court or Family High Court under section 23NF(1) of the Act of 1991 to authorise the release of the child from the special care unit for the provision of psychiatric examination, treatment or assessment and with any other necessary modifications.

Chapter 2 Admission of children

61. Assessment of capacity of child aged 16 years or older to consent to admission, care and treatment

61. (1) Where, in respect of a child aged 16 years or older—

• (a) a consultant psychiatrist or another mental healthcare professional, and

• (b) the child’s parents or guardian or the Agency,

reasonably consider that the child may lack the capacity necessary to consent to or refuse his or her admission or care and treatment under this Part, the responsible consultant psychiatrist shall carry out a capacity assessment of the child or arrange for another mental healthcare professional to carry out a capacity assessment to assess if the child has the necessary capacity to make the decision concerned (in this Act referred to as a “capacity assessment”).

• (2) Where, following the completion of a capacity assessment of a child aged 16 years or older under subsection (1), the responsible consultant psychiatrist or other mental healthcare professional concludes that the child lacks the capacity necessary to consent to or refuse his or her admission or care and treatment, the responsible consultant psychiatrist shall arrange for a second capacity assessment of the child to be carried out by another consultant psychiatrist or another mental healthcare professional.

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

• (4) Where, following the completion of a capacity assessment under subsection (1) and a second capacity assessment under subsection (2), both mental healthcare professionals who carried out the capacity assessments conclude that the child, the subject of the assessment, lacks the capacity necessary to consent to or refuse his or her admission or care and treatment under this Part, then the child shall be assessed as lacking capacity in that respect.

• (5) 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 child concerned, and in any event not less than once every 14 days, to assess whether the child continues to lack the necessary capacity to consent to or refuse treatment.

• (6) Where, following the completion of a capacity assessment under subsection (1) or a second capacity assessment under subsection (2), the mental healthcare professional concerned concludes that the child, the subject of the assessment, does not lack the capacity necessary to consent to or refuse his or her admission or care and treatment under this Part, then that child shall be assessed as having capacity in that respect.

• (7) A capacity assessment carried out under subsection (1) or (2) and the findings thereof shall be retained and recorded in the child’s medical records.

• (8) Where a child aged 16 years or older is making a decision regarding his or her admission or care and treatment under this Part, he or she may consult with—

• (a) his or her relevant consulted carers, or

• (b) his or her nominated person.

• (9) The child and the persons referred to in paragraphs (a) and (b) of subsection (8) shall be entitled to be furnished with copies of a capacity assessment in respect of the child on request.

• (10) A relative of a child shall be disqualified from carrying out a capacity assessment in respect of the child.

• (11) The Commission shall prepare and publish a code of practice in relation to capacity assessments under this section.

62. Voluntary admission of child under 16 years of age

62. (1) Subject to subsection (2), a child under 16 years of age shall not be admitted as a voluntarily admitted child to a registered acute mental health centre without the consent of his or her parents, or either of them, or guardian.

• (2) Where a child referred to in subsection (1) is the subject of a care order, the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to the registered acute mental health centre.

• (3) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.

• (4) Subject to subsection (5) and section 71, a voluntarily admitted child under 16 years of age may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency.

• (5) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under subsection (4).

• (6) Where a child under 16 years of age admitted to a registered acute mental health centre under this section may continue to require care and treatment in the registered acute mental health centre after attaining the age of 16, his or her responsible consultant psychiatrist shall, in consultation with the child, his or her parents or guardian or the Agency and the Executive, as appropriate, arrange for the child to be admitted under section 63, 64 or 66 or discharged under this section, as the case may be, immediately upon the child attaining the age of 16.

63. Voluntary admission of child aged 16 years or older

63. (1) A child aged 16 years or older shall not be admitted as a voluntarily admitted child to a registered acute mental health centre without his or her consent.

• (2) Where a child aged 16 years or older has been assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, he or she may be admitted to a registered acute mental health centre pursuant to section 64.

• (3) Subject to section 71, a voluntarily admitted child aged 16 years or older, other than a child referred to in subsection (4), may leave the registered acute mental health centre at any time unless, in the opinion of the responsible consultant psychiatrist, it is not in the best interests of the child to do so, in which case the child shall be released into the care of his or her parents, or either of them, or guardian.

• (4) Subject to section 71, a voluntarily admitted child aged 16 years or older who is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order may leave the registered acute mental health centre at any time into the care of the Agency.

• (5) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under this section.

64. Admission with parental consent of child aged 16 years or older lacking necessary capacity

64. (1) Subject to subsections (2) and (3), where a child aged 16 years or older is assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, he or she may be admitted to a registered acute mental health centre with the consent of his or her parents, or either of them, or guardian.

• (2) Where a child is—

• (a) the subject of a care order,

• (b) aged 16 years or older, and

• (c) assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis,

the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being located and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to that registered acute mental health centre.

• (3) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the intended application in advance.

• (4) Subject to subsection (7) and section 71, a child admitted to a registered acute mental health centre under this section may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency, as the case may be.

• (5) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order is discharged from a registered acute mental health centre under this section.

• (6) Where a child has been admitted to a registered acute mental health centre under this section, the registered acute mental health centre shall—

• (a) provide all relevant supports to the child to enable the child to form his or her own views and will and preferences and, where possible, make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Part, and

• (b) arrange for capacity assessments of the child to be carried out in accordance with section 61 to assess whether the child continues to lack the necessary capacity to consent to or refuse voluntary admission.

• (7) Where a child admitted under this section is found to have the necessary capacity to consent to or refuse voluntary admission following a periodic capacity assessment under section 61, the child shall be treated as a voluntarily admitted child admitted under section 63.

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

65. Criteria for involuntary admission of child to registered acute mental health centre

65. (1) A child may be involuntarily admitted to a registered acute mental health centre pursuant to an involuntary admission order under section 66 and detained there if he or she fulfils each of the criteria (in this Act referred to as the “criteria for involuntary admission of a child”) specified in either paragraph (a) or (b), namely:

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

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

• (ii) if the child were to be admitted 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 likely benefit from care and treatment that cannot be given to that child other than in a registered acute mental health centre, or

• (III) his or her admission and detention would be likely to benefit his or her mental disorder;

or

• (b) the child 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 child cannot be given to that child other than in a registered acute mental health centre, and

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

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

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

• (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 a registered acute mental health centre in relation to the provisions of this section.

66. Involuntary admission of child

66. (1) Subject to subsection (5), where it appears to the Executive that a child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive shall, as soon as may be, arrange for a consultant psychiatrist to carry out an examination of the child.

• (2) In carrying out an examination under subsection (1), a responsible consultant psychiatrist shall consider, in consultation with the child’s relevant consulted carers, if any—

• (a) whether the child may, in the first instance, be admitted—

• (i) as a voluntarily admitted child under section 62 or 63, or

• (ii) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64,

and

• (b) if so, whether it would be in the best interests of the child to be admitted pursuant to section 62, 63 or 64, as the case may be, rather than being admitted on an involuntary basis under this section.

• (3) Where, following an examination under subsection (1), the consultant psychiatrist is satisfied that the child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive may make an application to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being, for an order authorising the reception, detention and care and treatment of the child in a registered acute mental health centre.

• (4) Where the Executive makes an application for involuntary admission under subsection (3) following an examination under subsection (1), the consultant psychiatrist who carried out an examination of the child shall—

• (a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and

• (b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.

• (5) The Executive may make an application for involuntary admission under subsection (3) without any prior examination of the child by a consultant psychiatrist, where—

• (a) the child is aged 16 years or older and refuses or does not consent to the examination,

• (b) in the case of a child under 16 years of age or a child aged 16 years or older who lacks the necessary capacity to consent to or refuse voluntary admission, the parents or guardian or the Agency refuse or do not consent to the examination of the child, or

• (c) in the case of a child referred to in paragraph (b) who is not the subject of a care order, following the making of reasonable enquiries by the Executive, the parents, or either of them, or guardian, cannot be found by the Executive.

• (6) Where the Executive makes an application for involuntary admission under subsection (3) without a prior examination by a consultant psychiatrist of the child, the subject of the application, the Family District Court or the District Court, as the case may be, may, if it is satisfied that there is reasonable cause to believe that the child fulfils the criteria for involuntary admission of a child, direct the Executive to arrange for an examination of the child by a consultant psychiatrist and for that consultant psychiatrist to—

• (a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and

• (b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.

• (7) A consultant psychiatrist shall be disqualified from carrying out an examination under subsection (1) or (5) where he or she is a relative of the child concerned.

• (8) Where the Family District Court or the District Court, as the case may be, is satisfied, having considered—

• (a) the report of the consultant psychiatrist referred to in subsection (4) or (6), and

• (b) any other evidence that may be adduced before it that a child fulfils the criteria for involuntary admission of a child,

the Court shall make an order (in this Act referred to as an “involuntary admission order”) for the involuntary admission of the child concerned in a specified registered acute mental health centre.

• (9) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application for involuntary admission under subsection (3) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.

• (10) Subject to subsection (12), notice of an application for involuntary admission under subsection (3) and a copy of the proceedings shall be served by the Executive on—

• (a) the child’s relevant notified carers, and

• (b) any other person specified by the Family District Court or the District Court, as the case may be.

• (11) Before making an involuntary admission order under this section, the Family District Court or the District Court, as the case may be, 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.

• (12) An application for involuntary admission under subsection (3) may, if the Family District Court or the District Court, as the case may be, is satisfied that the urgency of the matter so requires, be made ex parte.

• (13) Where an application for involuntary admission of a child is made to the Family District Court or the District Court, as the case may be, under subsection (3), the Court, of its own motion or on the application by any person, may give such directions as it sees fit as to the reception, detention and care and treatment of the child who is the subject of the application pending its determination of the matter, and any such direction shall cease to have effect on the determination of the application.

67. Duration and renewal of involuntary admission order of child

67. (1) An involuntary admission order shall—

• (a) authorise the reception, detention and care and treatment of the child concerned, and

• (b) subject to subsections (2) and (3), section 69 and 70(7), remain in force for 21 days after the date of its making, and then expire.

• (2) Where, on or before the expiration of the period of involuntary admission referred to in subsection (1)(b), an application is made to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being by the Executive for an extension of the period of involuntary admission, the Court may by order extend the period of involuntary admission (in this Act referred to as a “renewal order”), for a further period not exceeding 3 months, commencing on the expiration of the involuntary admission order made in respect of the child.

• (3) The period referred to in subsection (2) may be extended by order made by the Family District Court or the District Court, as the case may be, on further application in that behalf by the Executive 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) The Family District Court or the District Court, as the case may be, shall not make a renewal order under this section unless—

• (a) the child has been examined by a consultant psychiatrist not more than 48 hours prior to the making of the application under subsection (2) or (3) and a report of the results of the examination is furnished to the Court by the Executive upon the making of the application, and

• (b) following consideration by the Court of the report, it is satisfied that the child continues to have a mental disorder which fulfils the criteria for involuntary admission of a child.

• (5) A consultant psychiatrist shall be disqualified from carrying out an examination under subsection (4) where he or she is a relative of the child concerned.

• (6) Where the Executive proposes to make an application under subsection (2), it shall notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60, of the proposed application in advance.

• (7) Notice of an application under subsection (2) or (3) and a copy of the proceedings shall be served by the Executive on—

• (a) the child’s relevant notified carers, and

• (b) any other person specified by the Family District Court or the District Court, as the case may be.

• (8) Before making a renewal order under this section, the Family District Court or the District Court, as the case may be, 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) Where an application for a renewal order is made to the Family District Court or the District Court, as the case may be, under subsection (2) or (3), the Court, of its own motion or on the application of any person, may, pending its determination of the matter, give such directions as it sees fit as to the care and treatment of the child who is the subject of the application, and any such direction shall cease to have effect on the determination of the application.

68. Copy of order in respect of child to be sent to Commission

68. 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 child, send, or cause to be sent, a copy of the order concerned to the Commission.

69. Appeal to Family Circuit Court

69. (1) An involuntarily admitted child may appeal to the Family Circuit Court against a decision of the Family District Court or the District Court to make 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 of a child, or

• (b) the provisions of this section and sections 9, 66, 67, 71, 73, 74, 76 and 80, 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 child or his or her parents or guardian or the Agency by notice in writing within 28 days of the date of receipt of the written notice under section 76(2).

• (3) The jurisdiction conferred on the Family Circuit Court by this section may be exercised by a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit in which the registered acute mental health centre concerned is situated or, at the option of the child, in which the child is ordinarily resident.

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

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

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

• (5) On appeal to it under subsection (1)(b), the Family 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 Family 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 Executive,

• (b) the Commission,

• (c) the child’s relevant notified carers,

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

• (e) the responsible consultant psychiatrist in respect of the child the subject of the appeal, and

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

• (8) A person bringing an appeal under this section shall also notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60, of the bringing of the appeal.

• (9) Before making an order under this section, the Family 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.

70. Discharge of involuntarily admitted children

70. (1) Subject to subsection (2), where a responsible consultant psychiatrist becomes of the opinion that a child no longer fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist shall as soon as possible meet with the child concerned and—

• (a) inform the child of his or her intention to notify the Executive under subsection (4) of his or her proposal to discharge the child and of the right of the child, if discharged, to leave the registered acute mental health centre or, with the responsible consultant psychiatrist’s agreement—

• (i) remain as a voluntarily admitted child if—

• (I) in the case of a child aged 16 years or older, the child wishes, or

• (II) in the case of a child under 16 years of age, the child’s parents, or either of them, or guardian, wishes,

or

• (ii) in the case of a child aged 16 years or older assessed as lacking capacity under section 61, remain as a child aged 16 years or older lacking necessary capacity admitted with parental consent if his or her parents, or either of them, or guardian wishes,

and

• (b) provide the child with all relevant information from the child’s care plan prepared in accordance with section 187 and information regarding—

• (i) what will occur if the child leaves the registered acute mental health centre, and

• (ii) what will occur if the child remains in the registered acute mental health centre in accordance with paragraph (a)(i) or (ii).

• (2) Where a child referred to in subsection (1)—

• (a) is under 16 years of age or is assessed as lacking capacity under section 61, and

• (b) is the subject of a care order,

that subsection shall apply in relation to the child with the modification that the child may remain as a voluntarily admitted child in the registered acute mental health centre with the responsible consultant psychiatrist’s agreement where an order is made by the Family District Court or the District Court, as the case may be, authorising the admission under section 62(2) or 64(2).

• (3) The meeting referred to in subsection (1) may also be attended by—

• (a) the child’s relevant consulted carers, if any, and

• (b) any nominated person.

• (4) Where, following a meeting under subsection (1), a responsible consultant psychiatrist proposes to discharge a child under that subsection, the responsible consultant psychiatrist or another mental healthcare professional who is involved in the child’s care and treatment shall—

• (a) notify—

• (i) the Executive,

• (ii) the child’s guardian ad litem,

• (iii) the child’s relevant consulted carers, if any, and

• (iv) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under subparagraph (iii), the Agency,

of the proposal to discharge the child, together with a report of his or her opinion that the child no longer fulfils the criteria for involuntary admission of a child, for the purpose of subsection (6), and

• (b) engage with the child concerned and, in so far as is practicable, where appropriate, liaise with the persons referred to in paragraph (a) or (b) of subsection (3) as they apply in respect of the child concerned for the purposes of planning the child’s discharge.

• (5) Where the Family District Court or the District Court, as the case may be, refuses an application for a renewal order under section 67 in relation to a child, subsections (1) to (4) shall apply to the child concerned and his or her responsible consultant psychiatrist with the modification that the discharge of the child has been authorised by the Family District Court or the District Court under subsection (7), and a further application under subsection (6) shall not be required.

• (6) Where the Executive has been notified of a proposal to discharge a child under subsection (4), the Executive shall make an application to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and furnish the report referred to in subsection (4)(a) to the Court upon the making of the application.

• (7) Subject to subsection (9), where the Court is satisfied, having considered an application under subsection (6), that the child no longer meets the criteria for involuntary admission of a child, the Court shall make an order authorising the discharge of the child as an involuntarily admitted child from the registered acute mental health centre.

• (8) Notice of an application under subsection (6) and a copy of the proceedings shall be served by the Executive on—

• (a) the child’s relevant notified carers, and

• (b) any other person specified by the Family District Court or the District Court, as the case may be.

• (9) Before making an order authorising the discharge of the child as an involuntarily admitted child under subsection (7), the Family District Court or the District Court, as the case may be—

• (a) shall have regard to the report referred to in subsection (4)(a), and

• (b) 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.

• (10) The decision under this section for a child to remain in a registered acute mental health centre as a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent, or to not remain, shall be recorded and a copy shall be retained in the child’s medical records.

• (11) Where a child discharged under this section is—

• (a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or

• (b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61,

he or she shall be released into the care of his or her relevant carer.

71. Power to detain child

71. (1) Where the responsible consultant psychiatrist or another mental healthcare professional who is responsible for or involved in the care and treatment of a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent is of the opinion that the child fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist or other mental healthcare professional concerned may, if necessary, detain the child for a period not exceeding 24 hours for the purpose of carrying out the matters in subsections (2), (3) and (5).

• (2) Where a child is detained under subsection (1), the responsible consultant psychiatrist shall as soon as possible carry out an examination of the child and, where following that examination he or she remains of the opinion that the child fulfils the criteria for involuntary admission of a child, arrange for another consultant psychiatrist who is not involved in the care and treatment of the child to carry out a second examination of the child.

• (3) If, following his or her examination and consultation with the responsible consultant psychiatrist, the second consultant psychiatrist is of the opinion that the child does not fulfil the criteria for involuntary admission of a child, the detention shall cease and the child or the child and his or her relevant notified carers shall be immediately notified of the decision, and—

• (a) in the case of a voluntarily admitted child aged 16 years or older admitted under section 63, informed of his or her right to leave the registered acute mental health centre or stay as a voluntarily admitted child in accordance with that section, and

• (b) in the case of a voluntarily admitted child under 16 years of age admitted under section 62, or a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64, informed of his or her right to leave, or to stay as a voluntarily admitted child, or a child aged 16 years or older lacking necessary capacity admitted with parental consent, in accordance with those sections.

• (4) Where a child discharged under this section is—

• (a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or

• (b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61,

he or she shall be released into the care of his or her relevant carer.

• (5) If, following his or her examination, the second consultant psychiatrist is of the opinion that the child does fulfil the criteria for involuntary admission of a child, the Executive shall make an application for involuntary admission of a child under section 66(3), subject to the following modifications:

• (a) the application shall be made—

• (i) at the next sitting of the Family District Court held in the Family District Court district in which the child resides or is for the time being,

• (ii) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same District Court district, or

• (iii) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 working days of the date on which the child is detained under this section, at a sitting of the Family District Court or District Court which has been specially arranged under paragraph (d), held within the said 3 working days;

• (b) where a judge for the Family District Court district or a judge for the District Court district in which the child resides or is for the time being is not immediately available, an order may be made by any judge of the Family District Court or the District Court;

• (c) the application may, if the judge is satisfied that the urgency of the matter so requires, be made ex parte;

• (d) the application may, if the judge is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a sitting of the Family District Court or a public sitting of the District Court;

• (e) the Executive shall furnish reports, prepared by the psychiatrist or psychiatrists concerned, of the examinations under subsection (2) when making the application.

• (6) Where a child has been detained in accordance with subsection (1) and, following examinations under subsection (2), the Executive makes an application under section 66(3), the clinical director of the registered acute mental health centre shall continue the reception, detention and care of the child during the 72 hour period pending the hearing of that application, subject to any directions from the Family District Court or District Court, as the case may be, under section 66.

• (7) The examinations carried out under subsection (2) shall be recorded and a copy shall be retained in the child’s medical records.

• (8) The Executive may make an application for involuntary admission under section 66(3) in respect of a child to whom this section applies without any examinations under subsection (2) being carried out where paragraph (a), (b) or (c) of section 66(5) applies.

• (9) The Executive shall notify the Commission, in the form and manner specified by the Commission, of a decision under this section to make an application for involuntary admission under section 66 or to not make such an application.

72. Notification to Agency

72. Where a child was the subject of a care order, a voluntary care arrangement, an emergency care order, an interim care order or a supervision order at the time of his or her admission under section 62, 63, 64 or 66 and that arrangement or order ceases during his or her period of admission, the Executive shall, as soon as may be, notify the Agency where the child concerned—

• (a) is the subject of a renewal order under section 67,

• (b) leaves a registered acute mental health centre under section 62, 63, 64 or 71, or

• (c) is discharged from a registered acute mental health centre under section 70.