MENTAL HEALTH ACT 2026

73. Powers of Garda Síochána to take child into custody in certain circumstances

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

• (a) take all reasonable measures necessary to take the child into custody and arrange for the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, to be carried out as soon as practicable, but no later than 6 hours after the time that the child is taken into custody, and

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

• (2) The period referred to in subsection (1)(a) may be extended by one additional period of 6 hours under the authorisation of a member of An Garda Síochána not below the rank of inspector if he or she has reasonable grounds for believing that the additional period is necessary in order that the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, may be carried out.

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

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

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

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

as soon as practicable, but no later than 3 hours from the time that the child is taken into custody.

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

• (a) a registered medical practitioner to carry out an examination of the child, or

• (b) the Executive to arrange for a consultant psychiatrist to carry out an examination of the child,

to assess whether the child has a mental disorder that fulfils the criteria for involuntary admission of a child requiring an application for involuntary admission of a child under section 66.

• (5) In so far as possible, an examination under subsection (4) shall also be attended by the persons specified in paragraphs (a), (b) or (c) of subsection (3), as the case may be.

• (6) Where, following an examination of a child under subsection (4)—

• (a) a registered medical practitioner is of the opinion that the child concerned has a mental disorder that fulfils the criteria for involuntary admission of a child, a member or members of An Garda Síochána—

• (i) shall, subject to subsection (7)—

• (I) release the child into the care of his or her relevant carer for the purpose of that person or persons engaging with the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child, and

• (II) notify the Executive that the child has been released into the care of his or her relevant carer,

and

• (ii) may request the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child,

or

• (b) a consultant psychiatrist is of the opinion that the child has a mental disorder that fulfils the criteria for involuntary admission of a child—

• (i) subject to subsection (7), a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and

• (ii) the Executive may make an application for involuntary admission under section 66 in respect of the child.

• (7) A member or members of An Garda Síochána shall not release a child under paragraph (a)(i) or (b)(i) of subsection (6) where—

• (a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child,

• (b) in the opinion of the registered medical practitioner or consultant psychiatrist concerned, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child,

• (c) in the case of a child who is not the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, his or her relevant carer, after the making of reasonable enquiries, cannot be found, or

• (d) his or her detention is authorised by law other than under this Act.

• (8) Where paragraph (a), (b) or (c) of subsection (7) applies, the member or members of An Garda Síochána may request that the Executive take charge of the child as soon as possible until such time as—

• (a) an involuntary admission order is made under section 66 in respect of the child, or

• (b) the Executive assesses that an application for involuntary admission under section 66 is not required in respect of the child.

• (9) The Executive shall comply with the request under subsection (8) as soon as practicable.

• (10) Where subsection (7)(c) applies and the child’s relevant carer is subsequently found, the child shall be released from the custody of An Garda Síochána or from the charge of the Executive, as the case may be, unless, in the opinion of the member or members of An Garda Síochána responsible for the child or the Executive, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child into the care of that person or persons.

• (11) Where a request is made under subsection (8) due to paragraph (a) or (c) of subsection (7) applying, the member or members of An Garda Síochána responsible for the child shall notify the Agency as soon as may be.

• (12) Where—

• (a) in advance of an examination of a child under subsection (4), the member or members of An Garda Síochána responsible for the child has or have reasonable grounds for believing that the child concerned no longer has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, or

• (b) following an examination of a child under subsection (4), a registered medical practitioner or consultant psychiatrist referred to in that subsection is of the opinion that the child concerned does not have a mental disorder that fulfils the criteria for involuntary admission of a child,

the child shall, subject to subsections (13), (14) and (15), be released from the custody of An Garda Síochána.

• (13) Where paragraph (a) or (b) of subsection (12) applies—

• (a) where the child is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, a member or members of An Garda Síochána shall release the child into the care of the Agency unless his or her detention is authorised other than under this Act, and

• (b) subject to subsection (14), in all other circumstances—

• (i) where the child is under 16 years of age, a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and

• (ii) where the child is aged 16 years or older, a member or members of An Garda Síochána shall release the child immediately,

unless the detention of the child is authorised other than under this Act.

• (14) A member or members of An Garda Síochána shall not release a child under subsection (13)(b) where—

• (a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child by releasing the child, or

• (b) in respect of a child referred to in subsection (13)(b)(i), his or her relevant carer, after the making of reasonable enquiries, cannot be found,

until such time as a request is made under subsection (15) or a notification is made under subsection (16), as the case may be.

• (15) Where subsection (14)(a) applies, a member or members of An Garda Síochána may request the Agency that the child be delivered up to the custody of the Agency under section 12 of the Act of 1991 as soon as may be.

• (16) Where subsection (14)(b) applies, a member or members of An Garda Síochána may notify the Agency.

74. Bringing of child subject of involuntary admission order to registered acute mental health centre

74. (1) Where an involuntary admission order is made under section 66 in respect of a child, the child’s relevant carer shall arrange for the child to be brought to the registered acute mental health centre specified in the order as soon as practicable after the making of the order.

• (2) Where a child’s relevant carer is unable to arrange for the child to be brought to the registered acute mental health centre in accordance with subsection (1), the relevant carer shall request—

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

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

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

• (3) Where the relevant carer of a child the subject of an involuntary admission order, other than the Agency, fails or refuses to arrange for the child to be brought to the registered acute mental health centre specified in the order, the clinical director of the registered acute mental health centre concerned or a consultant psychiatrist acting on the clinical director’s behalf shall arrange for the child concerned to be brought to the registered acute mental health centre.

• (4) A person referred to in paragraph (a) or (b) of subsection (2), on foot of a request made under that subsection, shall arrange for the child the subject of the involuntary admission order to be brought to the specified registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.

• (5) A clinical director or consultant psychiatrist referred to in paragraph (a) or (b) of subsection (2) or in subsection (3) may request a member of An Garda Síochána to assist in bringing the child the subject of the involuntary admission order to the specified registered acute mental health centre where the clinical director or consultant psychiatrist concerned is of the opinion that such assistance is necessary to protect the health of the child or other persons from the threat of immediate and serious harm.

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

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

• (b) may—

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

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

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

75. Provision of information for voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent

75. (1) The responsible consultant psychiatrist in relation to a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent shall, as soon as practicable after the admission, give, or cause to be given, a notice of the admission.

• (2) A notice under subsection (1) and any information provided in accordance with subsection (3) shall be given to—

• (a) the child concerned,

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

• (c) 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 paragraph (b), the Agency, and

• (d) where relevant, any nominated person.

• (3) A notice under subsection (1) shall include a statement in writing to the effect that—

• (a) the child’s relevant consulted carers, if any, will be given a general description of the proposed care and treatment to be administered to the child during the period of his or her admission,

• (b) the child’s relevant consulted carers, if any, are entitled to receive information on any aspect of the child’s proposed care and treatment at any time during the period of admission,

• (c) the recipient will be provided with an explanatory note on the guiding principles that apply in relation to all decisions regarding the child’s care and treatment,

• (d) the recipient is informed of the rights of the child or his or her parents or guardian or the Agency, where appropriate, subject to Chapter 3, to consent or refuse to consent to treatment,

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

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

• (g) the recipient is informed of the entitlement of the child and his or her parents or guardian or the Agency to communicate with the Chief Inspector,

• (h) the recipient is informed of the entitlement of the child and his or her relevant consulted carers, if any, to discuss discharge planning,

• (i) the recipient is informed of the entitlement of the child to engage with—

• (i) his or her relevant consulted carers, and

• (ii) where applicable, a nominated person,

• (j) the recipient will be provided with all other relevant information as outlined in the code of practice relating to admission of children, and

• (k) the recipient is informed of the entitlement of the child to leave the registered acute mental health centre at any time, subject to sections 62(4), 63(3), 63(4), 64(4) and 71.

• (4) A notice provided under subsection (1) and any information provided in accordance with subsection (3) shall be in a form and language that the person in receipt of the information can understand.

76. Provision of information for involuntarily admitted child

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

• (2) A notice under subsection (1) and any information provided in accordance with subsection (3) shall be given to—

• (a) the child concerned,

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

• (c) 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 paragraph (b), the Agency, and

• (d) where relevant, any nominated person.

• (3) A notice under subsection (2) shall include a statement in writing to the effect that—

• (a) the child’s relevant consulted carers, if any, will be given a general description of the proposed care and treatment to be administered to the child during the period of his or her involuntary admission,

• (b) the child’s relevant consulted carers, if any, are entitled to receive information on any aspect of the child’s proposed care and treatment at any time during the period of involuntary admission,

• (c) the recipient will be provided with an explanatory note on the guiding principles that apply in relation to all decisions regarding the child’s care and treatment,

• (d) the recipient is informed of the rights of the child or his or her parents or guardian or the Agency, where appropriate, subject to Chapter 3, to consent or refuse to consent to treatment,

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

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

• (g) the recipient is informed of the entitlement of the child and his or her parents or guardian or the Agency to communicate with the Chief Inspector,

• (h) the recipient is informed that a court may, in any proceedings under this Part that the child to whom the notice relates is a party, if it thinks fit, appoint a solicitor to represent the interests of the child in the proceedings pursuant to section 25 of the Act of 1991,

• (i) the recipient is informed of the guardian ad litem appointed for him or her following the making of the involuntary admission order in accordance with Part VA of the Act of 1991, as applied by section 60,

• (j) the recipient is provided with all other relevant information as outlined in the code of practice relating to admission of children,

• (k) the recipient is informed of the entitlement to appeal to the Family Circuit Court under section 69 against an involuntary admission order or a renewal order, and of the effect of such appeals,

• (l) the recipient is informed of the entitlement of the child and his or her relevant consulted carers, if any, to discuss discharge planning, and

• (m) the recipient is informed of the entitlement of the child to engage with—

• (i) his or her relevant consulted carers, and

• (ii) where applicable, a nominated person.

• (4) A notice provided under subsection (2) and any information provided in accordance with subsection (4) shall be in a form and language that the person in receipt of the information can understand.

77. Right to information and attendance at meetings

77. The child’s relevant consulted carers, if any, and, where applicable, his or her nominated person shall be entitled to—

• (a) information of a general nature on the care and treatment of the child, and

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

78. Bringing of child other than child subject of involuntary admission order to registered acute mental health centre

78. (1) Where a child is to be admitted to a registered acute mental health centre under section 62 or 64 and his or her relevant carer is unable to arrange to bring the child to the registered acute mental health centre, the relevant carer shall request—

• (a) the clinical director of the registered acute mental health centre which the child is to be admitted to, or

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

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

• (2) A person referred to in paragraph (a) or (b) of subsection (1) shall arrange for the child referred to in that subsection to be brought to the registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.

79. Transfer of involuntarily admitted child to hospital or other place in certain circumstances

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

• (2) A child who is transferred under subsection (1) may be kept at the hospital or other place 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 immediately back to the registered acute mental health centre from which he or she was transferred.

• (3) The detention of a child in a hospital or other place, other than a 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 was transferred.

80. Transfer of child by clinical director in certain circumstances

80. (1) Where, in relation to an involuntarily admitted child, the clinical director of a registered acute mental health centre (in this section referred to as the “first mentioned registered acute mental health centre”) is of the opinion that—

• (a) it would be for the benefit of the involuntarily admitted child in the first mentioned registered acute mental health centre to be transferred to another registered acute mental health centre (in this section referred to as a “second mentioned registered acute mental health centre”), or

• (b) for the purpose of obtaining special treatment, the details of which shall be specified in writing, it is necessary for the child to be transferred to a second mentioned registered acute mental health centre,

the Executive may, with the consent of the clinical director of the first-mentioned registered acute mental health centre and the clinical director of the second-mentioned registered acute mental health centre, 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, for the transfer of the involuntarily admitted child to the second-mentioned registered acute mental health centre.

• (2) Where, following an application under subsection (1), the Court is satisfied that it is in the best interests of the child to be transferred, the Court shall make an order authorising the transfer, reception and care and treatment of that child in that second mentioned 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 (1) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.

• (4) Notice of the application under subsection (1) 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.

• (5) Before making an order under subsection (2), 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.

• (6) Where an involuntarily admitted child is transferred to a second-mentioned registered acute mental health centre following the making of an order under subsection (2), the clinical director of the first-mentioned registered acute mental health centre shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.

• (7) A child who is transferred to a second-mentioned registered acute mental health centre following an application under subsection (1)(a) may be detained in the second-mentioned registered acute mental health centre until the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the first-mentioned registered acute mental health centre.

• (8) A child who is transferred to a second-mentioned registered acute mental health centre following an application under subsection (1)(b) may be detained there so long as is necessary for the purpose of the specified special treatment and shall then be taken back to the first-mentioned registered acute mental health centre, which taking back may not occur later than the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the first-mentioned registered acute mental health centre.

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

81. Request for application for transfer of child

81. (1) A request may be made to the clinical director of a registered acute mental health centre for the transfer of an involuntarily admitted child detained in that centre to another registered acute mental health centre by—

• (a) subject to paragraph (b), in the case of a child aged 16 years or older, the child concerned or any nominated person, and

• (b) in the case of a child aged 16 years or older assessed as lacking capacity to consent under section 61 or a child under 16 years of age, his or her parents or guardian or the Agency or, where relevant, any nominated person.

• (2) Subject to subsection (3), a clinical director who receives a request under subsection (1) may request the Executive to make an application under section 80 for the transfer of the involuntarily admitted child with the consent of the clinical director of the registered acute mental health centre to which the child is to be transferred.

• (3) Before deciding whether to request the Executive to make an application under section 80, the clinical director who received the request under subsection (1) shall consult with the child the subject of the application, the responsible consultant psychiatrist and other members of the child’s multidisciplinary team and, as appropriate, the child’s parents or guardian or the Agency and any nominated person.

• (4) The clinical director who received the request under subsection (1) shall, within 7 days of receiving the request—

• (a) make his or her decision on whether or not to request the Executive to make an application under section 80,

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

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

82. Absence with leave of child

82. (1) Subject to the terms of any involuntary admission order or renewal order made under section 66 or 67, the responsible consultant psychiatrist in respect of an involuntarily admitted child may, subject to subsection (4), give permission in writing (in this Act referred to as a “permitted absence”)—

• (a) to an involuntarily admitted child aged 16 years or older, or

• (b) in the case of an involuntarily admitted child under 16 years of age or an involuntarily admitted child aged 16 years or older assessed as lacking capacity to consent under section 61, to the child’s parents or guardian or the Agency,

to permit the child 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) Where a permitted absence is given under subsection (1) to—

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

• (b) a child under 16 years of age or aged 16 years or older assessed as lacking capacity to consent under section 61,

he or she shall be released into the care of his or her relevant carer for the duration of the permitted absence.

• (3) The responsible consultant psychiatrist shall, where practicable, give adequate notice of not less than 3 days to the child’s relevant notified carers in advance of giving a permitted absence under subsection (1).

• (4) A permitted absence given under subsection (1) shall not exceed 14 continuous days and shall not exceed the unexpired period of an involuntary admission order or a renewal order, as the case may be, in respect of the child.

• (5) Where a child is absent from a registered acute mental health centre pursuant to a permitted absence, the responsible consultant psychiatrist may, if he or she is of the opinion that it is clinically appropriate to do so, withdraw the permitted absence and give a direction to the child and his or her relevant carer for the child to return to the registered acute mental health centre.

• (6) The responsible consultant psychiatrist may extend in writing the period of permitted absence by additional periods not exceeding 14 continuous days, and for so long as an additional period does not exceed the unexpired period of the involuntary admission order or renewal order.

• (7) Where an extension of absence is given under subsection (6), notice of it shall be given to the persons referred to in paragraphs (a) and (b) of subsection (1) and to the Commission within 24 hours of the making of the notice in a form and manner specified by the Commission.

83. Absence without leave of child

83. (1) Where a child in respect of whom an involuntary admission order or 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 the child or his or her relevant carer under section 82(5) or on the expiration of the permitted absence, or

• (c) fails, in the opinion of the responsible consultant psychiatrist in respect of the child, 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 registered acute mental health centre or a service provider duly authorised in that behalf under section 19, to bring the child back to the registered acute mental health centre.

• (2) Where a member of staff or service provider authorised in that behalf under section 19, as the case may be, is unable to bring the child 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 child 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 child concerned is to be found there, and

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

Chapter 3 Consent to treatment for children

84. Consent to treatment for children to be obtained prior to treatment

84. (1) A mental healthcare professional shall, before providing treatment to a child aged 16 years or older, obtain consent for the treatment concerned from the child, unless otherwise expressly provided for in this Act.

• (2) A mental healthcare professional shall, before providing treatment to a child under 16 years of age, or a child aged 16 years or older who has been assessed as lacking capacity under section 61, obtain consent for the treatment concerned from the child’s parents or guardian or the Agency unless otherwise expressly provided for in this Act.

85. Child’s consent to treatment

85. (1) In this Part, consent, in relation to a child aged 16 years or older, who has not been assessed as lacking capacity under section 61, means consent of the child obtained freely without threats or inducements, where—

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

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

• (2) In this Part, consent, in respect of a child under 16 years of age, or a child aged 16 years or older who has been assessed as lacking capacity under section 61, means the consent of the child’s parents or guardian or the Agency obtained freely without threats or inducement where—

• (a) adequate information in a form and language that the child can understand on the nature, purpose and likely effects of the treatment concerned has been given to the child’s parents or guardian or the Agency, and

• (b) due regard has been given to the views and the will and preferences of the child in accordance with the guiding principles.

• (3) Consent to treatment may be withdrawn at any time by—

• (a) a child aged 16 years or older who has capacity to make decisions about his or her treatment under section 61, or

• (b) in respect of a child under 16 years of age, or a child aged 16 years or older who has been assessed as lacking capacity under section 61, his or her parents or guardian or the Agency.

86. Treatment refusal by or on behalf of involuntarily admitted child

86. (1) Subject to subsection (2), an involuntarily admitted child aged 16 years or older may refuse to consent to any specific treatment proposed to him or her at any time, and he or she may withdraw his or her consent to any specific treatment at any time.

• (2) Where an involuntarily admitted child aged 16 years or older has been assessed as lacking necessary capacity under section 61, his or her parents or guardian or the Agency may refuse to consent to any specific treatment proposed to be given to the involuntarily admitted child at any time, and he, she or it may withdraw his, her or its consent to any specific treatment at any time.

• (3) In respect of an involuntarily admitted child under 16 years of age, his or her parents or guardian or the Agency may refuse to consent to any specific treatment proposed to be given to the involuntarily admitted child at any time, and he, she or it may withdraw his, her or its consent to any specific treatment at any time.

• (4) Each refusal to consent to treatment under this section shall be made in relation to the specific treatment proposed and it shall not be permissible to make a decision that provides general consent to or, as the case may be, total refusal to consent to all forms of treatment without considering each specific treatment proposed.

87. Application to Family High Court for treatment order for child in certain circumstances

87. (1) Where treatment cannot be administered to an involuntarily admitted child because—

• (a) in the case of an involuntarily admitted child aged 16 years or older—

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

• (ii) where he or she has been assessed as lacking necessary capacity under section 61—

• (I) his or her parents or guardian or the Agency refuse or refuses to consent to the treatment concerned, or

• (II) other than where the child is the subject of a care order, his or her parents, or either of them, or guardian, after the making of reasonable enquiries, cannot be found,

or

• (b) in the case of an involuntarily admitted child under 16 years of age—

• (i) his or her parents or guardian or the Agency refuse or refuses to consent to the treatment concerned, or

• (ii) other than where the child is the subject of a care order, his or her parents, or either of them, or guardian, after the making of reasonable enquiries, cannot be found,

an application may be made by the Executive to the Family High Court specifying the proposed treatment and seeking an order to administer the treatment concerned to the involuntarily admitted child (in this section referred to as a “treatment order”) where all of the relevant criteria in subsection (2) apply.

• (2) The relevant criteria for the purpose of a treatment order are as follows:

• (a) the treatment concerned is—

• (i) immediately necessary for the protection of life of the child or another person or persons, or

• (ii) necessary for protection from an immediate and serious threat to the health of the child or another person or persons;

• (b) the involuntarily admitted child requires the treatment concerned;

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

• (d) it is likely that the condition of the involuntarily admitted child will materially benefit from the treatment concerned.

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

• (a) an involuntarily admitted child aged 16 years or older has capacity and decides to withdraw his or her refusal and to now consent to treatment concerned, or

• (b) in the case of an involuntarily admitted child aged 16 years or older assessed as lacking capacity under section 61 or an involuntarily admitted child under 16 years of age, his or her parents or guardian or the Agency withdraws the refusal to consent to the treatment concerned and now consents to the treatment.

• (4) Where an application is made to the Family High Court under subsection (1), the Executive shall immediately notify—

• (a) the guardian ad litem appointed for the child, and

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

of the making of the application and any treatment provided under subsection (7).

• (5) Where an application for a treatment order under subsection (1) is before the Family High Court, the Court may, pending its determination of 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 involuntarily admitted child 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.

• (6) An application may be made by the Executive to the Family High Court to renew a treatment order made under this section, subject to any directions of the Court, where the grounds in paragraph (a) or (b) of subsection (1) and the relevant criteria in subsection (2) continue to apply.

• (7) Where an application to the Family High Court has been made under subsection (1) or (6) in relation to an involuntarily admitted child under 16 years of age or an involuntarily admitted child aged 16 years or older who has been assessed as lacking capacity under section 61, treatment may be administered to the involuntarily admitted child prior to the hearing of the application, for a period of 72 hours after its initiation or until the hearing of the application by the Family High Court, whichever is sooner, where, in the opinion of the responsible consultant psychiatrist, the grounds in paragraph (a) or (b) of subsection (1) and the relevant criteria in subsection (2) continue to apply.

• (8) Where treatment is administered to a child without consent pursuant to a treatment order under subsection (1) or prior to the hearing of the application under subsection (7), the absence of consent and details of the treatment or treatments shall be noted in his or her medical records.

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

• (10) An application to the Family High Court shall be deemed to be withdrawn where the involuntarily admitted child concerned is no longer subject to an involuntary admission order or a renewal order.

• (11) Where, in the case of—

• (a) a voluntarily admitted child under 16 years of age, or

• (b) a child aged 16 years or older lacking necessary capacity admitted with parental consent,

the responsible consultant psychiatrist and the child’s parents or guardian or the Agency agree that it would be detrimental to the relationship between the child and his or her parents or guardian or the Agency for that person or persons to consent to or refuse treatment, and, in the opinion of the responsible consultant psychiatrist, the criteria specified in paragraphs (a), (b) and (d) of subsection (2) apply (with the modification that a reference to an involuntarily admitted child shall be construed as a reference to the child concerned), an application for a treatment order may be made under this section with all necessary modifications.

• (12) Where treatment is administered to a child without consent pursuant to a treatment order, the absence of consent and details of the treatment or treatments shall be noted in his or her medical records.

88. Application to Family District Court for relevant treatment order

88. (1) Subject to subsections (11) and (16), an application for a treatment order under this section may be made by the Executive where—

• (a) treatment cannot be administered to an involuntarily admitted child aged 16 years or older assessed as lacking capacity under section 61 or an involuntarily admitted child aged under 16 years because—

• (i) his or her parents, or either of them, or guardian, having been given an opportunity to consent to or refuse the treatment concerned, fail to do so or are incapable of doing so, or

• (ii) his or her parents, or either of them, or guardian, after the making of reasonable enquiries, cannot be found,

and

• (b) the relevant criteria in subsection (2) apply.

• (2) The relevant criteria for the purpose of subsection (1) are that there is no alternative safe and effective treatment available and—

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

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

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

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

• (3) The following provisions shall have effect in relation to an application under subsection (1):

• (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, 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 specify the proposed treatment to be administered to the child concerned.

• (4) Before making an application under subsection (1) due to a failure by a child’s parents, or either of them, or guardian to consent to or refuse the treatment concerned, the Executive shall—

• (a) provide adequate time, information and, as appropriate, support to assist a child’s parents, or either of them, or guardian to make a decision regarding the treatment concerned, and

• (b) inform the parents, or either of them, or guardian of its intention to make an application and consult with them in advance as appropriate.

• (5) Where an application is made under subsection (1), the Executive shall immediately notify the making of the application to—

• (a) the guardian ad litem appointed for the child,

• (b) where possible and appropriate, the child’s parents, or either of them, or guardian,

• (c) where the child is the subject of a voluntary care arrangement, an interim care order, an emergency care order or a supervision order, the Agency, and

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

• (6) Subject to subsection (14), where the Family District Court or the District Court, as the case may be, is satisfied, having considered any reports or evidence that may be adduced before it, that the grounds in paragraph (a) of subsection (1) and the relevant criteria in subsection (2) continue to apply, the Court may make an order (in this section referred to as a “relevant treatment order”) for the administration of the proposed treatment to the child concerned in a registered acute mental health centre for a period not exceeding 21 days.

• (7) Before making a relevant treatment order, the Family District Court or the District Court, as the case may be, may request and consider such reports or evidence as it considers necessary to be furnished to the Court, within such period as may be specified by the Court.

• (8) Where an application has been made under subsection (1), treatment may be administered to the child the subject of the application for a period of 72 hours from the initiation of the application or until the hearing of the application by the Family District Court or the District Court, as the case may be, whichever is sooner, where, in the opinion of the responsible consultant psychiatrist, the grounds in paragraph (a) of subsection (1) and the relevant criteria in subsection (2) continue to apply.

• (9) Where treatment is administered under subsection (8), the Executive shall immediately notify the persons specified in paragraphs (a), (b), (c) and (d) of subsection (5).

• (10) On the hearing of an application under subsection (1), the Family District Court or the District Court, as the case may be, pending its determination of the application, of its own motion or on the application of any person, may give such interim directions as it sees fit as to the care and treatment of the child 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.

• (11) Where, in the case of an involuntarily admitted child aged 16 years or older assessed as lacking capacity under section 61 or an involuntarily admitted child aged under 16 years—

• (a) the responsible consultant psychiatrist, and

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

agree that it would be detrimental to the relationship between the child and his or her parents or guardian or the Agency for that person or persons to consent to or refuse treatment, and, in the opinion of the responsible consultant psychiatrist, the relevant criteria in subsection (2) apply, an application for a relevant order may be made under this section with any necessary modifications.

• (12) An application may be made by the Executive to the Family District Court or the District Court, as the case may be, to renew a relevant treatment order for one further period not exceeding 21 days, commencing on the date of the expiry of the initial relevant treatment order, subject to any directions of the Court, where—

• (a) in the case of a child aged 16 years or older, the child continues to lack capacity to consent to or refuse treatment, and

• (b) the grounds in paragraph (a) of subsection (1) and the relevant criteria in subsection (2) continue to apply,

and subsections (3), (4), (5), (7), (8), (9) and (10) shall apply to such a renewal application with any necessary modifications.

• (13) The Executive shall withdraw any application under this section not yet determined by the Family District Court or the District Court, as the case may be, where any of the matters in subsection (14) occur.

• (14) Treatment may be administered pursuant to a relevant treatment order or any renewed relevant treatment order under this section until such time as the order expires or any of the following occurs, whichever is the sooner:

• (a) in the case of a child aged 16 years or older, he or she is assessed under section 61 as having capacity to consent to or refuse treatment;

• (b) the child’s parents, or either of them, or guardian makes a decision to consent to or refuse treatment on behalf of the child;

• (c) the child is discharged as an involuntarily admitted child under section 70;

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

• (15) The Executive shall notify the Agency where a relevant treatment order is made under subsection (6) or renewed under subsection (12).

• (16) This section shall not apply to a child the subject of a care order other than where subsection (11) applies.

Chapter 4 Prohibited and restrictive practices for children

89. Application (Chapter 4: Prohibited and restrictive practices for children)

89. (1) Where a restrictive practice is applied in respect of a child admitted under section 62, 63 or 64, the admission status of the child shall be reviewed pursuant to section 71 as soon as possible, but no later than 24 hours after the initiation of the application.

• (2) A restrictive practice may only be applied in respect of a child who is in the care of a registered acute mental health centre.

90. Prohibition on administration of electro-convulsive therapy for children

90. Electro-convulsive therapy shall not be administered to a child and, accordingly, a reference in this Part to treatment that may be administered to a child, or authorised or directed in respect of a child, shall not include electro-convulsive therapy.

91. Seclusion for children

91. A child shall not be placed in seclusion in a registered acute mental health centre unless—

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

• (b) the seclusion is applied in respect of the child 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 96, to be necessary where there is an immediate threat of serious harm to the child or to another person, and such seclusion is to prevent such a threat, and

• (d) the seclusion concerned complies with regulations under section 96.

92. Mechanical restraint for children

92. A mechanical restraint shall not be applied in respect of a child receiving treatment in a registered acute mental health centre unless—

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

• (b) the restraint is applied in respect of the child 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 96, to be necessary where there is an immediate threat of serious harm to the child or to another person, and

• (d) the mechanical restraint concerned complies with regulations under section 96.

93. Physical restraint for children

93. A physical restraint shall not be applied in respect of a child receiving treatment in a registered acute mental health centre unless—

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

• (b) the restraint is applied to the child 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 96, to be necessary where there is an immediate threat of serious harm to the child or to another person, and

• (d) the restraint complies with regulations under section 96.

94. Pharmacological restraint for children

94. A pharmacological restraint shall not be applied in respect of a child receiving treatment in a registered acute mental health 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 child by a relevant health professional,

• (d) the application of such restraint is determined by the consultant psychiatrist, in accordance with regulations made under section 96, to be necessary where there is an immediate threat of serious harm to the child or to another person, and

• (e) the pharmacological restraint concerned complies with regulations under section 96.

95. Application and recording of restrictive practice on child

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

• (a) where it is in the best interests of the child,

• (b) in rare and exceptional circumstances,

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

• (d) as a practice of last resort,

• (e) after the age, size and physical vulnerability of the child has been assessed and considered by the person ordering the restrictive practice,

• (f) where the application of the restrictive practice is proportionate to—

• (i) the age, size and physical vulnerability of the child, and

• (ii) the immediate threat of serious harm to the child or to others that has been assessed to exist,

• (g) where there is no safe alternative for the child, and

• (h) for the shortest duration possible.

• (2) Where a restrictive practice is applied in respect of a child, the consultant psychiatrist or relevant health professional who ordered, initiated or applied the restrictive practice concerned shall communicate to the child in a manner that the child 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.

• (3) A registered proprietor of a registered acute mental health 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 child in that 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) in the child’s medical records for such period as may be specified in regulations made by the Commission under section 96.

• (4) A copy of the record under paragraph (a) or (b) of subsection (3) 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.

• (5) A registered proprietor of a registered acute mental health centre shall notify the Commission, 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 child in that registered acute mental health centre.

96. Regulations concerning restrictive practices on children

96. (1) The Commission may, with the consent of the Minister, and following consultation with the Minister and Minister for Children, Disability and Equality, make regulations providing for the application of a restrictive practice in respect of a child who is in the care of a registered acute mental health 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 child (including the application of the practice on a child with dignity and respect);

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

• (c) the interaction of the application of a restrictive practice and the guiding principles referred to in section 9 (including that the best interests and the welfare of the child shall be the primary consideration) to apply in respect of children;

• (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 child 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 child;

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

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

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

• (i) the facilities to be provided in a registered acute mental health centre for the application of a restrictive practice on a child;

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

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

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

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

• (3) A person who contravenes a regulation made under this section 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.

97. Notification of the application of a restrictive practice

97. (1) Where a restrictive practice is applied in respect of a child admitted under section 62, 63, 64 or 66, his or her relevant notified carers and nominated person, if any, shall be informed of the application of the restrictive practice as soon as possible after the initiation of the application of the restrictive practice.

• (2) The consultant psychiatrist or relevant health professional who ordered, initiated or applied the restrictive practice concerned shall also communicate, or cause to be communicated, under subsection (1)—

• (a) the reasons why the restrictive practice was applied,

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

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

• (3) Where a parent, guardian, the Agency or a nominated person is informed of the application of a restrictive practice under this section, a record of the notification shall be recorded in writing and retained in the medical records of the child.

98. Role of parent or guardian regarding application of restrictive practice

98. (1) As soon as practicable after the admission of a child admitted voluntarily under section 62, a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 or an involuntarily admitted child, the responsible consultant psychiatrist or another member of the child’s multidisciplinary team shall—

• (a) subject to subsection (3), provide information on the application of restrictive practices in that registered acute mental health centre to—

• (i) the child,

• (ii) his or her nominated person, if any, and

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

• (b) take into account the views of any person to whom information is provided under paragraph (a) regarding the application of restrictive practices, and

• (c) record the views of any person to whom information is provided under paragraph (a) in the child’s medical records and care plan.

• (2) As soon as practicable after the admission of a child voluntarily admitted under section 63, the responsible consultant psychiatrist or another member of the child’s multidisciplinary team shall—

• (a) subject to subsection (3), provide information on the application of restrictive practices in that registered acute mental health centre to—

• (i) the child,

• (ii) his or her nominated person, if any, and

• (iii) his or her relevant consulted carers, if any,

• (b) take into account the views of any person to whom information is provided under paragraph (a) regarding the application of restrictive practices, and

• (c) record the views of any person to whom information is provided under paragraph (a) in the child’s medical records and care plan.

• (3) Where the responsible consultant psychiatrist forms an opinion that it would be in the best interests of the child for any persons specified in subsection (1)(a) or (2)(a) not to be provided with information on the application of restrictive practices, such information is not required to be provided.

• (4) Where information is provided to a child under subsection (1)(a) or (2)(a), such information shall be—

• (a) given in a manner that is accessible to the child, and

• (b) provided in a manner that can reasonably be understood by the child.

PART 5 The Commission

Chapter 1 Continuance in being and functions of Commission

99. Continuance in being of Commission

99. (1) Notwithstanding the repeal of the Act of 2001 by section 5, the body known as the Mental Health Commission established under that Act shall continue in being in accordance with the provisions of this Act.

• (2) Anything commenced but not completed by the Commission before the repeal of the Act of 2001 may be carried on and completed by the Commission after the repeal as if that Act had not been repealed.

• (3) The Commission is a body corporate with perpetual succession and an official seal and shall have the power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

• (4) The seal of the Commission shall be authenticated by—

• (a) the signatures of 2 members of the Board, or

• (b) the signatures of both a member of the Board and a member of the staff of the Commission, authorised by the Board to act in that behalf.

• (5) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such an instrument without further proof.

• (6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission for that purpose.

100. Functions of Commission

100. (1) The Commission shall, in addition to the other functions conferred on it by this Act, the Act of 2015 or any other enactment—

• (a) regulate mental health services,

• (b) promote the improvement of mental health services by setting standards for best practice in those services and encouraging adherence to those standards,

• (c) promote public awareness of the regulation of mental health services and other matters provided for under this Act, and

• (d) take all reasonable steps to protect the rights and interests of persons detained in registered acute mental health centres.

• (2) The Commission shall perform its functions through or by the Chief Executive Officer or any member of the staff of the Commission duly authorised in that behalf by the Chief Executive Officer.

• (3) The Commission shall have all such powers as are necessary or expedient for the performance of its functions and shall ensure that its functions are performed effectively and efficiently.

Chapter 2 Board of Commission

101. Functions of Board

101. (1) The Commission shall have a Board (in this Act referred to as the “Board”) established under this Act.

• (2) The Board shall, in addition to the functions conferred on it by this Act—

• (a) satisfy itself that appropriate systems, procedures and practices are in place for the internal performance management and accountability of the Commission in respect of—

• (i) the Commission’s functions under this Act or any other enactment, and

• (ii) the achievement of any objectives set out in the Commission’s strategic plan,

• (b) provide guidance and advice to the Chief Executive Officer where requested under section 114,

• (c) establish and implement arrangements for the management of the performance of the Chief Executive Officer, and

• (d) approve the strategic plan in accordance with section 124 and the annual business plan in accordance with section 125.

• (3) The Board shall have all such powers as are necessary or expedient for the performance of its functions.

• (4) The Board is accountable to the Minister for the performance of its functions under this Act.

• (5) The Board shall inform the Minister in writing of any matter that it considers requires the Minister’s attention.

102. Membership of Board

102. (1) The Board shall consist of the following members—

• (a) a chairperson,

• (b) a deputy chairperson, and

• (c) 9 ordinary members.

• (2) The members of the Board shall be appointed by the Minister from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to—

• (a) matters connected with the functions of the Commission to enable them to make a substantial contribution to the effective and efficient performance of those functions, or

• (b) matters connected to the provision of mental health services, psychiatry, law, advocacy, capacity and assisted decision-making, organisational and financial governance, management, public administration or risk management.

• (3) The Minister shall, in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

• (4) The chairperson shall hold office for such period, not exceeding 5 years, from the date of his or her appointment as the Minister shall determine.

• (5) The deputy chairperson shall hold office for such period, not exceeding 5 years, from the date of his or her appointment as the Minister shall determine.

• (6) Of the ordinary members of the Board appointed under this section—

• (a) 5 members shall hold office for a period not exceeding 3 years from the date of his or her appointment, and

• (b) 4 members shall hold office for a period not exceeding 5 years from the date of his or her appointment.

• (7) Subject to subsection (8), a member of the Board whose term of office expires by the efflux of time shall be eligible for reappointment to the Board.

• (8) A person who is reappointed to the Board in accordance with subsection (7) shall not hold office for periods the aggregate of which exceeds 8 years.

• (9) A member of the Board may resign from the Board by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the date specified in the notice, or the date on which the Minister receives the notice, whichever is the later.

• (10) Subject to subsection (11), the persons who held office as members of the Commission immediately before the commencement of section 99, shall cease to hold office upon such commencement but may be eligible to be appointed as members of the Board for a term not exceeding 3 years.

• (11) A person referred to in subsection (10) who is appointed as a member of the Board shall not hold office as such a member for more than one term and, in any event, may not serve as such a member and as a member of the Commission for a cumulative period of more than 8 years.

103. Casual vacancies