MENTAL HEALTH ACT 2026

103. (1) If a member of the Board resigns, dies, is removed from office or otherwise ceases to hold office (other than by the efflux of time), the Minister shall, as soon as practicable, appoint a person to fill the casual vacancy so arising.

• (2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office, or such other period as the Minister may determine not exceeding 5 years (including such unexpired period).

• (3) A member of the Board appointed under subsection (1) is eligible for reappointment to the Board on the expiry of the unexpired period or other period, as appropriate, referred to in subsection (2), but may not serve for more than 2 further consecutive terms and in any event may not serve for a period of more than 8 years.

104. Removal of member of Board

104. (1) The Minister may at any time remove from office a member of the Board if, in the opinion of the Minister—

• (a) the member has, without reasonable excuse, failed to discharge the functions of the office,

• (b) the member has become incapable through ill-health of effectively performing his or her functions,

• (c) the member has committed stated misbehaviour, or

• (d) the member’s removal is necessary for the effective and efficient performance by the Board of its functions.

• (2) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

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

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

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

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

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

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

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

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

105. Removal of all members of Board from office

105. (1) The Minister may remove all the members of the Board from office if—

• (a) the Board fails to achieve a quorum for 3 consecutive meetings,

• (b) the Board does not comply with a judgment, order or decree of a court,

• (c) the Board does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment including this Act, or

• (d) he or she is of the reasonable opinion that the Board’s functions are not being performed in an effective and efficient manner.

• (2) Before removing all the members of the Board from office under subsection (1)(d), the Minister may appoint a person to—

• (a) conduct an independent review of any matter giving rise to his or her opinion that the Commission’s functions are not being performed in an effective or efficient manner, and

• (b) submit a report to the Minister on the results of the review.

• (3) The Board shall co-operate with a review under subsection (2) and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.

106. Meetings and procedures of Board

106. (1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

• (2) At a meeting of the Board—

• (a) the chairperson of the Board shall, if present, be the chairperson of the meeting,

• (b) if and so long as the chairperson of the Board is not present or if that office is vacant, the deputy chairperson shall, if present, be the chairperson of the meeting, or

• (c) if and so long as neither the chairperson nor the deputy chairperson of the Board is present, or if the offices of the chairperson and deputy chairperson are vacant, the other members of the Board who are present shall choose one of their number to be the chairperson of the meeting.

• (3) Every question at a meeting on which a vote is required shall be determined by a majority of the votes of the members of the Board present and voting on the question.

• (4) Subject to subsection (5), the Board may act notwithstanding one or more vacancies among its members.

• (5) The quorum for a meeting of the Board shall, unless the Minister otherwise directs, be 6.

• (6) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions and may, subject to those provisions, regulate its own procedure.

• (7) The Board may hold or continue a meeting by the use of any means of communication by which all the members are facilitated to hear and be heard at the same time (in this section referred to as an “electronic meeting”).

• (8) A member of the Board who participates in an electronic meeting is taken for all purposes to be present at the meeting.

107. Committees of Board

107. (1) The Board may establish one or more committees—

• (a) to assist the Commission, including the Board, in the performance of its functions, or

• (b) to advise the Commission, including the Board, on matters relating to its functions.

• (2) Subject to subsection (3), a committee may consist of such number of members as the Board considers appropriate and the membership of a committee may be comprised of members of the Board or members of the staff of the Commission, or both.

• (3) Where a committee is established to advise the Commission on matters relating to its functions, membership of the committee may include persons who—

• (a) are not members of the Board or members of the staff of the Commission, and

• (b) have relevant expertise or experience in those matters.

• (4) The Board may appoint a member of the Board to be the chairperson of a committee.

• (5) A member of a committee may be removed at any time from membership of the committee by the Board for stated reasons.

• (6) A committee shall be appointed by the Board for such period and subject to such terms of reference as the Board considers appropriate.

• (7) The acts of a committee shall be subject to confirmation by the Board, unless the Board otherwise determines.

• (8) The Board may regulate the procedure of a committee but, subject to the foregoing, a committee may regulate its own procedure.

• (9) A committee shall provide the Board with such information as it may require, in respect of the committee’s activities and operations, for the purposes of the performance by the Commission of its functions.

• (10) The Board may at any time dissolve a committee.

• (11) A committee may act notwithstanding one or more vacancies in its membership.

108. Remuneration and expenses of members of Board and committees

108. (1) A member of the Board may be paid such remuneration, and such allowances for expenses, if any, as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (2) A member of a committee of the Commission, other than a member of the Board, the Chief Executive Officer or any other member of the staff of the Commission, may be paid such remuneration, and such allowances for expenses, if any, as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (3) The remuneration and allowances for expenses, if any, determined in accordance with this section are payable by the Commission out of funds at its disposal.

109. Membership of either House of Oireachtas, European Parliament or local authority

109. (1) A member of the Board, a member of a committee of the Board or the Chief Executive Officer, shall cease to be a member or the Chief Executive Officer, as the case may be, on being—

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

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

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

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

• (2) A person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein, is a member of the European Parliament or is entitled under the standing orders of a local authority to act as a member thereof, while he or she is so entitled or is such a member, shall be disqualified for:

• (a) membership of the Board;

• (b) membership of a committee of the Board;

• (c) appointment as Chief Executive Officer.

Chapter 3 Chief Executive Officer

110. Chief Executive Officer

110. (1) The Commission shall have a Chief Executive Officer (in this Act referred to as “the Chief Executive Officer”).

• (2) Subject to subsection (3), the Chief Executive Officer shall be appointed by the Board in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

• (3) The person who immediately before the commencement of section 99 was the chief executive of the Commission shall, on that commencement, continue in office as the Chief Executive Officer of the Commission in accordance with the terms and conditions of his or her appointment.

• (4) Subject to subsection (5), the Board, with the consent of the Minister, may reappoint a person whose term of office expires by the efflux of time to be the Chief Executive Officer.

• (5) A person who is reappointed to be the Chief Executive Officer under subsection (4) shall not hold office for periods the aggregate of which, including the period for which he or she was first appointed to be Chief Executive Officer, exceeds 10 years.

• (6) The Chief Executive Officer shall hold office for such period and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as the Minister may determine after consultation with the Board and with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (7) The Chief Executive Officer shall not hold any other office or employment or carry on any business without the consent of the Board.

• (8) The Chief Executive Officer shall not be a member of the Board but he or she may, in accordance with the procedures of the Board, attend meetings of the Board and shall be entitled to speak at and give advice at such meetings.

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

• (10) The chairperson of the Board shall notify the Minister within 24 hours of receipt of a resignation under subsection (9), of such resignation.

111. Removal of Chief Executive Officer

111. (1) The Board may, with the consent of the Minister, at any time, remove the Chief Executive Officer from office if, in the Board’s opinion—

• (a) the Chief Executive Officer has, without reasonable excuse, failed to discharge the functions of the office,

• (b) the Chief Executive Officer has become incapable through ill-health of performing his or her functions,

• (c) the Chief Executive Officer has committed stated misbehaviour, or

• (d) the removal of the Chief Executive Officer appears to the Board to be necessary for the effective performance by the Commission of its functions.

• (2) If the Chief Executive Officer is removed from office in accordance with subsection (1), the Board shall provide the Chief Executive Officer with a statement of reasons for the removal.

• (3) The Chief Executive Officer shall cease to be qualified for office and shall cease to hold office if he or she—

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

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

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

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

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

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

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

112. Functions of Chief Executive Officer

112. (1) In addition to the functions performed in accordance with section 100(2), the Chief Executive Officer shall, under the general direction and control of the Board carry on, manage and control generally the administration and business of the Commission.

• (2) The Chief Executive Officer shall perform his or her functions subject to such directions as may be given to him or her from time to time by the Board, and shall be accountable to the Board for the efficient and effective management of the Commission and for the due performance of his or her functions.

• (3) The Chief Executive Officer shall provide the Board with such information in relation to any matter concerning the functions and operation of the Commission as the Board may request.

• (4) The Chief Executive Officer may make proposals to the Board on any matter relating to the Commission’s functions.

113. Delegation of functions of Chief Executive Officer

113. (1) Subject to any directions that may be given by the Board, the Chief Executive Officer may delegate any of his or her functions to a specified member of the staff of the Commission, and that member of the staff shall be accountable to the Chief Executive Officer for the performance of the functions so delegated.

• (2) Any function delegated under this section to a member of the staff of the Commission is to be performed by such member of the staff under the general direction and control of the Chief Executive Officer and in compliance with any directions, limitations and guidelines as may be specified by the Chief Executive Officer.

• (3) The delegation of a function under this section does not preclude the Chief Executive Officer performing the function.

• (4) The Chief Executive Officer may—

• (a) vary any delegation of a function under this section, or

• (b) revoke such delegation.

• (5) On varying or revoking the delegation of a function, the Chief Executive Officer shall inform each member of the staff to whom the function was delegated of its variation or revocation.

• (6) The Chief Executive Officer shall be accountable to the Board for the performance of any functions delegated under this section.

114. Consultation by Chief Executive Officer with Board

114. (1) The Chief Executive Officer may consult with, or request the guidance and advice of, the Board on any matter relating to the performance of a function of the Commission.

• (2) The Chief Executive Officer shall have regard to any guidance and advice of the Board pursuant to a request under this section before performing any function to which the guidance and advice relates.

115. Acting Chief Executive Officer

115. (1) Subject to subsection (3), the Board, with the consent of the Minister, may appoint a member of the staff of the Commission to perform the functions of the Chief Executive Officer during—

• (a) any period or periods when the Chief Executive Officer is absent from duty or from the State or is, for any other reason, unable to perform the functions of Chief Executive Officer,

• (b) any suspension from office of the Chief Executive Officer, or

• (c) any vacancy in the office of Chief Executive Officer.

• (2) The Board may at any time terminate an appointment under this section.

• (3) A person shall not be appointed under this section to perform the functions of the Chief Executive Officer for a continuous period of more than 12 months during a vacancy in the office of Chief Executive Officer.

Chapter 4 Staff of Commission and specialist advisers

116. Staff of Commission

116. (1) The Commission may appoint such and so many persons to be members of the staff of the Commission as it may determine with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (2) The terms and conditions of a member of the staff of the Commission, and the grade at which he or she serves, shall be such as may be determined from time to time by the Commission with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (3) A member of the staff of the Commission shall be paid by the Commission out of funds at its disposal, such remuneration and allowances for expenses as the Commission, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determines.

117. Existing staff of Commission

117. Notwithstanding the repeal of the Act of 2001 by section 5, a person who was a member of the staff of the Commission appointed under section 39 of that Act, immediately before the commencement of section 99, shall continue to be employed as a member of the staff of the Commission—

• (a) as if, on that commencement, the Commission had appointed under section 116(1) the person to be a member of the staff of the Commission immediately before that commencement, and

• (b) on the same conditions (including those relating to termination of appointment) as the person was employed immediately before that commencement,

and the other provisions of this Act shall be construed accordingly.

118. Superannuation of staff of Commission

118. (1) Subject to section 10 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, a pensionable public servant who—

• (a) is not a member of the Single Public Service Pension Scheme, and

• (b) is appointed under section 116 to be a member of the staff of the Commission,

shall, on his or her appointment as a member of the staff of the Commission, become and be a member of a relevant superannuation scheme in accordance with its terms and conditions.

• (2) A person referred to in section 117 who, immediately before the commencement of section 99, was a member of a relevant superannuation scheme or the Single Public Service Pension Scheme shall, on that commencement, continue to be a member of the scheme concerned in accordance with its terms and conditions.

• (3) The Commission may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under section 40 of the Act of 2001 and the amended scheme shall be made in accordance with section 119.

• (4) The Commission may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section and section 119 and the amended scheme shall be made in accordance with section 119.

• (5) In this section, “relevant superannuation scheme” means a scheme, as amended from time to time, made under section 40 of the Act of 2001 by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, and continued in force under section 268.

119. Amending superannuation scheme

119. (1) The Commission may, after the commencement of section 99, and subject to section 118, prepare and submit to the Minister a scheme or schemes amending the schemes made under section 40 of the Act of 2001 for the granting of superannuation benefits to or in respect of—

• (a) such members of the staff of the Commission and the Chief Executive Officer, but not including persons to whom the Single Public Service Pension Scheme applies by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 as it considers appropriate, and

• (b) former members of the staff of the Commission and former Chief Executive Officers, including those who are deceased.

• (2) Every scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (3) The Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation may amend the time and conditions of retirement and any such amendments shall be included in the scheme.

• (4) The Commission may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

• (5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, be carried out by the Commission in accordance with its terms.

• (6) Every scheme made under this section shall make provision for appeals.

• (7) A superannuation benefit shall not be granted by the Commission to or in respect of any members of the staff of the Commission who are members of a scheme made under section 40 of the Act of 2001 or a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with a scheme made under that section 40 or such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (8) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas, as soon as may be, after it is approved, and if either House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

120. Membership of either House of Oireachtas or European Parliament

120. (1) Where a member of the staff of the Commission is—

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

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

• (c) regarded, pursuant to Part XIII of the Second Schedule to the Act of 1997, as having been elected to that Parliament,

he or she shall, thereupon, stand seconded from employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission any remuneration or allowances for expenses in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when such person ceases to be a member of either such House or a member of such Parliament.

• (2) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting, among other things, the reckoning of a period therein mentioned as service with the Commission for the purpose of any pensions, gratuities or other allowances payable on resignation, retirement or death.

• (3) A person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament, while he or she is so entitled or is such a member, shall be disqualified for employment in any capacity by the Commission.

121. Specialist advisers

121. (1) The Commission may engage such specialist advisers as it may consider necessary to assist it in the discharge of its functions under this Act.

• (2) The engagement of a person as a specialist adviser shall be for such period and subject to such terms and conditions as may be determined by the Commission with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (3) The Commission may, out of funds at its disposal, pay such fees and allowances for expenses, if any, incurred by a specialist adviser as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

Chapter 5 Funding and accountability

122. Borrowing by Commission

122. The Commission may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (following consent from the Minister for Finance) and subject to such conditions (if any) as they may specify, borrow money in any currency (whether on the security of the assets of the Commission or not).

123. Directions from Minister

123. (1) The Minister may give a direction in writing to the Commission for any purpose relating to this Act and concerning—

• (a) any matter or thing referred to in this Act or any other enactment, or

• (b) the implementation of any policy or objective of the Minister or the Government which relates to a function of the Commission, where the Minister is of the opinion that the Commission or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of the Commission’s functions.

• (2) The Commission shall comply with a direction given by the Minister under this section.

• (3) The Commission shall, within the time specified by the Minister in a direction, inform the Minister of the measures taken by the Commission to comply with the direction.

• (4) The Minister may, by direction, in writing, amend or revoke a direction under this section (including a direction under this subsection).

124. Strategic plan

124. (1) The Commission shall, with the approval of the Board, prepare and adopt a strategic plan to be submitted to the Minister for each ensuing 4 year period.

• (2) When preparing the strategic plan, the Commission shall consult with the Minister.

• (3) The Minister shall, as soon as practicable after a strategic plan has been submitted to him or her under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.

• (4) The Commission shall ensure that, as soon as practicable after copies of a strategic plan are laid before both Houses of the Oireachtas in accordance with subsection (3), the strategic plan is published on a website maintained by or on behalf of the Commission.

• (5) When preparing a strategic plan, the Commission may consult such persons as it considers appropriate.

• (6) In this section, “strategic plan” means a document that—

• (a) specifies the key objectives, outputs and related strategies, including use of resources, of the Commission,

• (b) includes a review of the outcomes and effectiveness of the preceding strategic plan,

• (c) includes any other matters that the Minister may direct, and

• (d) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister.

• (7) The strategic plan of the Commission in operation on the commencement of subsection (1) shall continue to apply until a strategic plan under this section comes into effect.

125. Annual business plan

125. (1) The Commission shall, on or after the commencement of this section, with the approval of the Board, prepare and submit to the Minister, before the commencement of each financial year, a business plan relating to the discharge of its functions, including—

• (a) having regard to the strategic plan, the objectives of the Commission for that year and its strategy for achieving those objectives,

• (b) the priorities of the Commission for that year, having regard to those objectives and its available resources, and

• (c) any other matters that the Minister may from time to time specify when issuing directions or guidelines under subsection (2).

• (2) The Minister may, from time to time, issue directions or guidelines to the Commission concerning the preparation of the annual business plan and the Commission shall comply with those directions and prepare the annual business plan in accordance with those guidelines.

126. Annual report

126. (1) Subject to subsection (2), as soon as may be after the end of each year, the Commission shall prepare and submit to the Minister a report (in this section referred to as the “annual report”) on the activities of the Commission during that year.

• (2) In respect of the period commencing on the commencement of this section and ending on 31 December next following such commencement, the Commission shall prepare and submit to the Minister a report (in this section also referred to as the “annual report”) on the activities of the Commission during that period not later than 6 months after the said 31 December.

• (3) An annual report shall not be submitted to the Minister unless it has been adopted by the Board.

• (4) An annual report shall include—

• (a) the report of the Chief Inspector under section 141,

• (b) the report submitted to the Commission by the Director of the Decision Support Service under section 102 of the Act of 2015, and

• (c) other information in such form and regarding such matters as the Minister may direct.

• (5) The Minister shall, as soon as practicable, cause copies of the annual report to be laid before each House of the Oireachtas.

• (6) The Commission shall publish on a website maintained by or on behalf of the Commission, its annual report in such form as it thinks fit as soon as practicable after subsection (5) has been complied with in respect of the report.

• (7) The Commission may publish, on a website maintained by or on behalf of the Commission, such other reports on matters related to its activities and functions, as it may consider relevant and appropriate.

127. Reports, recommendations and information to Minister

127. (1) The Minister may, from time to time as he or she considers appropriate, request the Commission to provide information or make a report to him or her on any matter relating to the functions of the Commission, including the Board, and the Commission shall comply with the request within the period specified in the request or within such other period as may be agreed by the Minister and the Commission.

• (2) The Commission may, of its own initiative, advise and, as appropriate, make recommendations to the Minister in relation to mental health services and any matter concerning the functions of the Commission.

128. Grants to Commission

128. In each financial year, after consultation with the Commission in relation to its expenditure, the Minister may advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine for the purposes of expenditure by the Commission in the performance of its functions.

129. Gifts

129. (1) The Commission may, with the consent of the Minister, accept gifts of money, land or other property upon such trusts and conditions (if any) as may be specified by the donor.

• (2) The Commission shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with its functions.

130. Accounts and audits of Commission

130. (1) The Commission shall—

• (a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister, and

• (b) provide the Minister with any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the performance by the Commission of its functions.

• (2) The Commission shall keep in such form and in respect of such accounting periods as may be approved by the Minister with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, all proper and usual accounts of moneys received and spent by the Commission, including an income and expenditure account and a balance sheet.

• (3) The Commission shall, whenever so requested by the Minister, permit any person appointed by him or her to examine the books or other records of account of the Commission in respect of any financial year or other period and shall facilitate any such examination, and the Commission shall pay such fee for the examination as may be fixed by the Minister.

• (4) The Commission shall submit accounts kept in accordance with this section, as soon as may be, but not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister may specify, to the Comptroller and Auditor General for audit.

• (5) A copy of the accounts and the Comptroller and Auditor General’s report on them shall be presented to the members of the Board and the Minister, as soon as may be, after the audit and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas.

131. Accountability of Chief Executive Officer to Public Accounts Committee

131. (1) The Chief Executive Officer shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Chief Executive Officer or the Commission is required by or under statute to prepare,

• (b) the economy and efficiency of the Commission in the use of its resources,

• (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) In giving evidence under this section, the Chief Executive Officer shall not question or express an opinion on the merits of—

• (a) any policy of the Government or of a Minister of the Government, or

• (b) the objectives of such a policy.

132. Accountability of Chief Executive Officer to other Oireachtas committees

132. (1) Subject to subsection (2), the Chief Executive Officer shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Commission.

• (2) The Chief Executive Officer shall not be required to give account before an Oireachtas committee for any matter which is, or has been or may be the subject of proceedings before a court or tribunal of inquiry in the State.

• (3) Where the Chief Executive Officer is of the opinion that a matter in respect of which he or she is requested to give account before an Oireachtas committee is a matter to which subsection (2) applies, he or she shall, as soon as practicable, seek the opinion of the Board thereon.

• (4) If the Board is of the opinion that the matter concerned is one to which subsection (2) applies, the Chief Executive Officer shall inform the Oireachtas committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Oireachtas committee at the time the Chief Executive Officer is before it, the information shall be conveyed to the Oireachtas committee in writing.

• (5) If the Board is of the opinion that the matter concerned is not one to which subsection (2) applies, the Chief Executive Officer shall attend before the Oireachtas committee to give account for the matter.

• (6) Where the Chief Executive Officer has informed an Oireachtas committee of the opinion of the Board in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (1) in so far as it relates to the matter the subject of that opinion—

• (a) the Chief Executive Officer may, not later than 21 days after being informed by the Oireachtas committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subsection (2) applies, or

• (b) the chairperson of the Oireachtas committee may, on behalf of the Oireachtas committee, make an application,

and the High Court shall determine the matter.

• (7) Pending the determination of an application under subsection (6), the Chief Executive Officer shall not attend before the Oireachtas committee to give account for the matter that is the subject of the application.

• (8) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas committee shall withdraw the request referred to in subsection (1) but if the High Court determines that subsection (2) does not apply, the Chief Executive Officer shall attend before the Oireachtas committee to give account for the matter.

• (9) In giving evidence under this section, the Chief Executive Officer shall not question or express an opinion on the merits of—

• (a) any policy of the Government or of a Minister of the Government, or

• (b) the objectives of such a policy.

• (10) In this section, “Oireachtas committee” means—

• (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 131, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

• (b) a subcommittee of a committee falling under paragraph (a).

133. Prohibition on unauthorised disclosure of confidential information

133. (1) Subject to subsection (2), a person shall not disclose confidential information obtained by him or her in his or her capacity, or while performing duties as—

• (a) a member of the Board,

• (b) a member of a committee of the Board,

• (c) the Chief Executive Officer,

• (d) a member of the staff of the Commission,

• (e) the Chief Inspector,

• (f) an Assistant Inspector, or

• (g) a person engaged by the Commission in any other capacity.

• (2) Subsection (1) shall not operate to prevent the disclosure of confidential information by a person referred to in that subsection where—

• (a) the Board authorises the disclosure,

• (b) the disclosure is made to the Board, the Chief Executive Officer or a member of the staff of the Commission in the performance of functions of the Commission,

• (c) the disclosure is made in the performance of the functions of the Commission,

• (d) the disclosure is made by or on behalf of the Commission to the Minister,

• (e) the disclosure is made in compliance with a requirement of this Act or is otherwise required by law,

• (f) the disclosure is made by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995,

• (g) the disclosure is a protected disclosure (within the meaning of the Protected Disclosures Act 2014), or

• (h) the disclosure is made to a member of An Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence.

• (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or to both.

• (4) In this section, “confidential information” includes—

• (a) information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description, and

• (b) proposals of a commercial nature or tenders submitted to the Commission by contractors, consultants or any other person.

Chapter 6 Inspector, inspections and inquiries

134. Inspector of Mental Health Services

134. (1) Notwithstanding the repeal of the Act of 2001 by section 5, the office of Inspector of Mental Health Services established under section 50 of that Act shall continue in being in accordance with the provisions of this Act and the holder of the office shall continue to be known as the Inspector of Mental Health Services and is referred to in this Act as “the Chief Inspector”.

• (2) Subject to subsection (3), the Board shall appoint a consultant psychiatrist to be the Chief Inspector.

• (3) The person who immediately before the commencement of section 99 was the Inspector shall, on that commencement, continue in office as the Chief Inspector in accordance with the terms and conditions of his or her appointment.

• (4) Subject to subsection (3), the Chief Inspector shall hold office for such period and on such terms and conditions as may be determined by the Board subject to the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (5) The Chief Inspector shall be paid by the Commission out of funds at its disposal, such remuneration and allowances for expenses as the Board, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determines.

• (6) An appointment under subsection (2) shall cease—

• (a) if the Board revokes the appointment, or

• (b) if it is for a fixed period, on the expiry of that period.

• (7) The Chief Inspector shall be furnished with a warrant of his or her appointment by the Commission, and shall, when exercising any power conferred on him or her by this Act if requested by any person affected thereby, produce the warrant of appointment or a copy of it to that person.

• (8) The Chief Inspector may delegate any of his or her functions to an Assistant Inspector, and that person shall be accountable to the Chief Inspector for the performance of the functions so delegated.

135. Functions of Chief Inspector

135. (1) The functions of the Chief Inspector shall be—

• (a) to visit and inspect—

• (i) every registered acute mental health centre at least once in each registration period of 3 years, and

• (ii) every registered community mental health centre at least once in each registration period of 5 years,

• (b) to prepare and publish inspection reports in accordance with section 140,

• (c) to carry out an inquiry in accordance with section 142, and

• (d) to carry out an annual review of mental health services and prepare and submit a report to the Commission in accordance with section 141.

• (2) In relation to a registered community mental health service, the Chief Inspector shall visit and inspect a representative number of those services within the registration period, taking into account—

• (a) a geographic area of registration ensuring a balanced representation of inspection across that area,

• (b) the level of compliance with this Act and any regulations made thereunder of—

• (i) a registered community mental health service, or

• (ii) another registered community mental health service with the same registered proprietor or responsible person as subparagraph (i),

• (c) whether a number of registered community mental health services have the same registered proprietor or responsible person, and

• (d) such other criteria as the Commission considers appropriate.

136. Acting Chief Inspector

136. (1) Subject to subsection (4), the Board may appoint a consultant psychiatrist to act as the Acting Chief Inspector to perform the functions of the Chief Inspector during—

• (a) any period or periods when the Chief Inspector is absent from duty or from the State or is, for any other reason, unable to perform the functions of Chief Inspector,

• (b) any suspension from office of the Chief Inspector, or

• (c) any vacancy in the office of Chief Inspector.

• (2) An Acting Chief Inspector shall be furnished with a warrant of his or her appointment by the Commission, for the duration of his or her appointment as Acting Chief Inspector, and shall, when exercising any power conferred on him or her by this Act if requested by any person affected thereby, produce the warrant of appointment or a copy of it to that person.

• (3) The Board may at any time terminate an appointment under this section.

• (4) A person shall not be appointed under this section to perform the functions of the Chief Inspector for a continuous period of more than 12 months during a vacancy in the office of Chief Inspector.

137. Assistant Inspectors of Mental Health Services

137. (1) The Commission may appoint such and so many persons (who shall be known as Assistant Inspectors of Mental Health Services and are referred to in this Act as “Assistant Inspectors”), including members of staff of the Commission, as it may determine to assist the Chief Inspector in the performance of his or her functions, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (2) An Assistant Inspector, other than a member of the staff of the Commission, shall be paid by the Commission out of funds at its disposal, such remuneration and allowances for expenses as the Commission, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determines.

• (3) An Assistant Inspector, other than a member of the staff of the Commission, shall hold office for such period and on such terms and conditions as may be determined by the Commission subject to the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (4) Any person who immediately before the commencement of section 99 was an Assistant Inspector under section 54 of the Act of 2001 shall, on that commencement, be deemed to be an Assistant Inspector appointed under this Act.

• (5) An appointment under subsection (1) shall cease—

• (a) if the Commission revokes the appointment,

• (b) if the appointment is for a fixed period, on the expiry of that period, or

• (c) if the person was when appointed, or has since become, a member of the staff of the Commission, and the person ceases to be a member of its staff.

• (6) An Assistant Inspector shall be furnished with a warrant of his or her appointment by the Commission, and shall, when exercising any power conferred on him or her by this Act if requested by a person affected thereby, produce the warrant of appointment or a copy of it to that person.

• (7) An Assistant Inspector shall perform his or her functions subject to the general direction of the Chief Inspector and a function of the Chief Inspector performed pursuant to this Act by an Assistant Inspector shall be deemed, for the purposes of this Act, to have been performed by the Chief Inspector.

138. Powers of inspectors

138. (1) For the purposes of this Act, an inspector may—

• (a) subject to subsections (3) and (4), at all reasonable times enter (if necessary by the use of reasonable force), search and inspect any registered mental health service, any premises in respect of which an application for registration has been made under Part 6 or any premises at, or from, which the inspector has reasonable grounds to believe that mental health services are being, or have been, provided, or that books, documents or records (including records stored in non legible form) in relation to mental health services are kept,

• (b) inspect, examine and make copies of or take extracts from any such books, documents or records referred to in paragraph (a) including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such a copy of or extracts therefrom be provided,

• (c) without prejudice to any other power conferred by this section, require the registered proprietor, any employee or any person carrying out services for or on behalf of the registered mental health service or premises to give to the inspector such assistance and information and to produce to the inspector any books, documents or records referred to in paragraph (a) that are in that person’s power, possession or procurement, as the inspector may reasonably require for the purposes of his or her functions under this Act,

• (d) remove and retain any books, documents or records for such period as the inspector reasonably considers necessary for the purposes of the performance of the inspector’s functions under this Act, or require any person referred to in paragraph (c) to retain and maintain such records for such period as the inspector reasonably considers necessary for those purposes,

• (e) require a person referred to in paragraph (c) to answer such questions as the inspector may ask relative to any matter under this Act and to make a declaration of the truth of the answers to those questions, and

• (f) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the inspector all reasonable assistance in relation to it and assist in the retrieval of information from such data equipment, apparatus or material.

• (2) When performing a function under this Act, an inspector may, subject to any warrant under subsection (4), be accompanied by such number of other inspectors or members of An Garda Síochána as he or she considers appropriate.

• (3) An inspector shall not enter a dwelling other than—

• (a) with the consent of the occupier, or

• (b) pursuant to a warrant under subsection (4).

• (4) Upon the sworn information of an inspector, a judge of the District Court may, if satisfied that there are reasonable grounds for believing—

• (a) that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an inspector under this section is or are held at any dwelling, or

• (b) that evidence of, or evidence relating to, the commission of an offence under this Act, or regulations made thereunder, is to be found in any dwelling,

issue a warrant authorising a named inspector, accompanied by such other inspectors or members of An Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an inspector under paragraphs (b), (c), (d), (e) and (f) of subsection (1).

• (5) Where an inspector believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

• (6) A statement or admission made by a person pursuant to a requirement under subsection (1)(c) or (e) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under section 143).

• (7) In this section, “inspector” means the Chief Inspector or an Assistant Inspector.

139. Duties of inspector when making an inspection

139. (1) When making an inspection of any registered acute mental health centre under section 135(1), the inspector shall—

• (a) visit, or seek to meet with, every person receiving care and treatment in the registered mental health service whom he or she has been requested to visit by the person himself or herself or by any other person pursuant to the notice provided under section 24, 41, 75 or 76, and

• (b) inspect the registered acute mental health centre for compliance with the provisions of this Act and any regulations or codes of practice made thereunder.

• (2) When making an inspection of any registered acute mental health centre under section 135(1), the inspector shall visit, or seek to meet with, every person subject to an involuntary admission order or a renewal order, the propriety of whose detention the inspector has reason to doubt.

• (3) When making an inspection of any registered community mental health centre under section 135(1) or any registered community mental health service under section 135(2), the inspector shall inspect the service or centre, as the case may be, for compliance with the provisions of this Act and any regulations or codes of practice made thereunder.

• (4) In this section, “inspector” means the Chief Inspector or an Assistant Inspector.

140. Inspection reports

140. (1) As soon as is practicable after the completion of an inspection carried out pursuant to subsection (1) or (2) of section 135 of a registered mental health service, an inspector shall prepare a draft report of the inspection.

• (2) An inspector shall, as soon as is practicable after preparing the draft report, provide the registered mental health service with a copy of the draft report and a notice in writing stating that the registered mental health service may, not later than 21 days from the date on which it receives the notice, or such further period as an inspector considers necessary, make submissions in writing to the inspector on the draft report.

• (3) An inspector shall, as soon as is practicable after the expiration of the period referred to in subsection (2), and having considered any submissions made under that subsection, and following any further consultation with the registered mental health service concerned, make any revisions to the draft report which, in the opinion of the inspector are warranted, and finalise the report.

• (4) An inspector shall, as soon as is practicable after the draft report has been finalised under subsection (3) and prior to publication of the report under subsection (5), provide a copy of the final report to the registered mental health service concerned, the Board and the Minister.

• (5) An inspector shall ensure that, as soon as practicable after a report under this section is provided to the registered mental health service under subsection (4), the report is published on a website maintained by or on behalf of the Commission.

• (6) In this section, “inspector” means the Chief Inspector or an Assistant Inspector.

141. Annual review and report of Chief Inspector

141. (1) The Chief Inspector shall—

• (a) carry out a review (in this Chapter referred to as the “annual review”) in each year of mental health services in the State during the immediately preceding year, and

• (b) prepare and submit to the Commission a report (in this Chapter referred to as the “annual report”) on his or her findings consequent upon that annual review.

• (2) Without prejudice to the generality of subsection (1), the annual report shall contain—

• (a) an overview of the quality of care and treatment given to persons in receipt of mental health services,

• (b) a summary of the findings ascertained pursuant to inspection reports published under section 140,

• (c) statistics and information on the extent of compliance by registered mental health services with the requirements of this Act, and

• (d) such other matters as he or she considers appropriate to report on arising from his or her review.

142. Inquiries

142. (1) The Board may cause the Chief Inspector, or such other person as may be specified by the Board, to carry out an inquiry in accordance with this section into a registered mental health service or any premises in the State where mental health services are, or are suspected of being, provided, where the Board has reasonable grounds to believe that there is a serious risk:

• (a) to the health or welfare of a person receiving care and treatment at or from such a service or premises;

• (b) of a failure to comply by the service or premises concerned with the provisions of this Act or any regulations or codes of practice made thereunder.

• (2) The Minister may require the Board to cause an inquiry to be carried out in accordance with this section into a registered mental health service or any premises in the State where mental health services are, or are suspected of being, provided, where he or she has reasonable grounds to believe that there is a serious risk:

• (a) to the health or welfare of a person receiving care and treatment at or from such a service or premises;

• (b) of a failure to comply by the service or premises concerned with the provisions of this Act or any regulations or codes of practice made thereunder.

• (3) For the purposes of carrying out an inquiry referred to in subsection (1) or (2), the Board shall establish a committee (in this section referred to as a “Committee of Inquiry”) in accordance with section 107, which shall be chaired by the Chief Inspector, an Assistant Inspector or other such person as specified by the Board in subsection (1).

• (4) As soon as practicable after carrying out an inquiry, the Committee of Inquiry, or a member of the Committee of Inquiry nominated by that Committee, shall prepare a draft report on the results of the inquiry (in this section referred to as the “draft report”).

• (5) A Committee of Inquiry shall furnish the draft report to the registered mental health service or premises concerned.

• (6) The Committee of Inquiry may furnish the draft report, or part of the draft report, to any other person it considers appropriate.

• (7) The Committee of Inquiry shall give notice in writing when furnishing the draft report under subsection (5) or (6) that the registered mental health service, premises or person concerned may make representations to the Committee concerning the draft report or, as the case may be, a part of the draft report, not later than 28 days after the report is furnished to them.

• (8) As soon as practicable after the expiration of the period of 28 days referred to in subsection (7) and having considered any representations made pursuant to that subsection, the Committee of Inquiry may amend the draft report and shall furnish the final report on the inquiry to the Board and the Minister.

• (9) A report under subsection (8) shall be absolutely privileged wherever and however published.

143. Penalty for obstruction of Inspector

143. (1) A person shall be guilty of an offence if he or she—

• (a) obstructs or interferes with the Chief Inspector, an Assistant Inspector or a member of An Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under section 138(4) or impedes the exercise by the inspector or member, as the case may be, of such power, or

• (b) fails or refuses to comply with a requirement of the Chief Inspector, an Assistant Inspector or a member of An Garda Síochána pursuant to section 138(1)(c), (d), (e) or (f), or in purported compliance with such requirement gives information or makes a declaration to the inspector or member that he or she knows to be false or misleading in any material respect.

• (2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or to both.

144. Legal privilege

144. (1) Subject to subsection (2), nothing in this Act shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.

• (2) The disclosure of information may be compelled, or possession of it taken, pursuant to this Act, notwithstanding that it is apprehended that the information is privileged legal material provided that the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of the issue as to whether the information is privileged legal material.

• (3) Without prejudice to subsection (4), where, in the circumstances referred to in subsection (2), information has been disclosed or taken possession of pursuant to this Act, the person—

• (a) to whom such information has been so disclosed, or

• (b) who has taken possession of it,

shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application under subsection (4) in relation to the matter concerned) apply to the High Court for a determination as to whether the information is privileged legal material and an application under this section shall be made within 30 days after the disclosure or the taking of possession.

• (4) A person who, in the circumstances referred to in subsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to this Act, may apply to the High Court for a determination as to whether the information is privileged legal material.

• (5) Pending the making of a final determination of an application under subsection (3) or (4), the High Court may give such interim or interlocutory directions as the Court considers appropriate including, without prejudice to the generality of the foregoing, directions in respect of any or all of the following:

• (a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by the Court;

• (b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the Court considers to be appropriate for the purpose of—

• (i) examining the information, and

• (ii) preparing a report for the Court with a view to assisting or facilitating the Court in the making by the Court of its determination as to whether the information is privileged legal material.

• (6) An application under subsection (3) or (4) shall be by motion and may, if the High Court directs, be heard otherwise than in public.

• (7) In this section—

“computer” includes a personal organiser or any other electronic means of information storage or retrieval;

“information” means information contained in a book, document or record, a computer or otherwise;

“privileged legal material” means information which, in the opinion of the Court, a person is entitled to refuse to produce on the grounds of legal professional privilege.

PART 6 Regulation of Mental Health Services

Chapter 1 Definition

145. Definition (Part 6)

145. In this Part, “registered person” has the meaning assigned to it by section 170.

Chapter 2 Registration and application for registration of mental health services

146. Register of acute mental health centres

146. (1) The Commission shall, as soon as practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a register of acute mental health centres (referred to in this Act as the “Register of acute mental health centres”).

• (2) The Register of acute mental health centres shall include the following details in relation to a registered acute mental health centre—

• (a) the name of the registered acute mental health centre,

• (b) the name of the registered proprietor and the responsible person,

• (c) the address of the premises in which the mental health service is carried on,

• (d) the number of persons who can be accommodated in the acute mental health centre,

• (e) the date on which the registration of the centre is to take effect,

• (f) the duration for which the registration of the centre has effect,

• (g) any conditions relating to the registration of the centre, and

• (h) such other matters as the Commission considers appropriate.

147. Register of community mental health centres

147. (1) The Commission shall, as soon as practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a register of community mental health centres (referred to in this Act as the “Register of community mental health centres”).

• (2) The Register of community mental health centres shall include the following details in relation to a registered community mental health centre—

• (a) the name of the registered community mental health centre,

• (b) the name of the registered proprietor and responsible person,

• (c) the address of the premises in which the mental health service is carried on,

• (d) the number of persons who can be accommodated in the community mental health centre,

• (e) the date on which the registration of the centre is to take effect,

• (f) the duration for which the registration of the centre has effect,

• (g) any conditions relating to the registration of the centre, and

• (h) such other matters as the Commission considers appropriate.

148. Register of community mental health services

148. (1) The Commission shall, as soon as practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a register of community mental health services (referred to in this Act as the “Register of community mental health services”).

• (2) The Register of community mental health services shall include the following details in relation to a registered community mental health service—

• (a) the name of the registered community mental health service,

• (b) the name of the registered proprietor and the responsible person,

• (c) the address of the premises in which the mental health service is carried on,

• (d) the date on which the registration of the service is to take effect,

• (e) the duration for which the registration of the service has effect,

• (f) any conditions relating to the registration of the service, and

• (g) such other matters as the Commission considers appropriate.

149. Application for registration of acute mental health centres

149. (1) A person shall not operate an acute mental health centre unless the centre is registered in accordance with the provisions of this Part.

• (2) Where a person proposes to operate an acute mental health centre, he or she shall make an application to the Commission for the registration of the centre.

• (3) An application under subsection (2) shall be made in writing in a form specified by the Commission, accompanied by the prescribed fee, if any, and shall specify—

• (a) the name of the acute mental health centre,

• (b) the name of the registered proprietor and, where applicable, the name of the registered person,

• (c) the name and particulars of the responsible person,

• (d) the address of the premises in which the mental health service is carried on,

• (e) the number of persons who can be accommodated in the acute mental health centre, and

• (f) such other information as may be prescribed.

150. Application for registration of community mental health centres

150. (1) A person shall not operate a community mental health centre unless the centre is registered in accordance with the provisions of this Part.

• (2) Where a person proposes to operate a community mental health centre, he or she shall make an application to the Commission for the registration of the centre.

• (3) An application under subsection (2) shall be made in writing in a form specified by the Commission, accompanied by the prescribed fee, if any, and shall specify—

• (a) the name of the community mental health centre,

• (b) the name of the registered proprietor and, where applicable, the name of the registered person,

• (c) the name and particulars of the responsible person,

• (d) the address of the premises in which the mental health service is carried on,

• (e) the number of persons who can be accommodated in the community mental health centre, and

• (f) such other information as may be prescribed.

151. Application for registration of community mental health services

151. (1) A person shall not operate a community mental health service unless the service is registered in accordance with the provisions of this Part.

• (2) Where a person proposes to operate a community mental health service, he or she shall make an application to the Commission for the registration of the service.

• (3) An application under subsection (2) shall be made in writing in a form specified by the Commission, accompanied by the prescribed fee, if any, and shall specify—

• (a) the name of the community mental health service,

• (b) the name of the registered proprietor and, where applicable, the name of the registered person,

• (c) the name and particulars of the responsible person,

• (d) the address of the premises in which the community mental health service is carried on, or from where community mental health services are carried out, and

• (e) such other information as may be prescribed.