MENTAL HEALTH ACT 2026

152. Carrying on of more than one registered mental health service

152. (1) A person who proposes to operate more than one registered acute mental health centre or registered community mental health centre shall make a separate application to be registered for each of those centres.

• (2) A person who proposes to operate more than one registered community mental health service shall make a separate application to be registered for each of those services, but may, with the agreement of the Commission, make one application for some or all of those services.

153. Grant or refusal of registration of acute mental health centres

153. (1) Where the Commission receives an application under section 149, the Commission may—

• (a) register the acute mental health centre where it is satisfied of the matters under paragraphs (a), (b) and (c) of subsection (3),

• (b) register the acute mental health centre subject to such conditions as it may attach to the registration, or

• (c) refuse to register the acute mental health centre.

• (2) The Commission shall visit a mental health service in respect of which a person has applied for registration as a registered acute mental health centre within a prescribed period and take any findings into consideration when assessing the application for registration.

• (3) Subject to subsection (5), the Commission shall not register an acute mental health centre unless the Commission is satisfied that—

• (a) the registered person meets the requirements of section 170,

• (b) the registered proprietor has complied with all requirements imposed on the registered proprietor under this Act and any regulations made thereunder following an assessment of the proposed registered proprietor under section 168, and

• (c) the responsible person fulfils the criteria for a responsible person as set out in section 171.

• (4) Where the Commission registers the acute mental health centre under this section, the Commission shall issue a certificate of registration to the person who made the application under section 149 and shall notify the person of the registration of the acute mental health centre and such notification shall specify:

• (a) the name of the acute mental health centre the subject of the registration concerned;

• (b) the premises to which the registration relates;

• (c) in the case of registration which is subject to conditions, the conditions which apply to the registration concerned;

• (d) the date from which the registration of the acute mental health centre shall take effect and the date on which the registration ends.

• (5) The Commission shall not register the following as a registered acute mental health centre:

• (a) a designated centre (within the meaning of the Health Act 2007);

• (b) an institution managed by or on behalf of a Minister of the Government;

• (c) that part of an institution in which the majority of persons being cared for and maintained are receiving medical or surgical treatment for illness, injury, disability, palliative, obstetric or gynaecological care;

• (d) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities;

• (e) a special care unit (within the meaning of the Health Act 2007);

• (f) a children detention school (within the meaning of section 3 of the Children Act 2001).

154. Grant or refusal of registration of community mental health centres

154. (1) Where the Commission receives an application under section 150, the Commission may—

• (a) register the community mental health centre where it is satisfied of the matters under paragraphs (a), (b) and (c) of subsection (3),

• (b) register the community mental health centre subject to such conditions as it may attach to the registration, or

• (c) refuse to register the community mental health centre.

• (2) The Commission shall visit a mental health service in respect of which a person has applied for registration as a registered community mental health centre within a prescribed period and take any findings into consideration when assessing the application for registration.

• (3) The Commission shall not register a community mental health centre unless the Commission is satisfied that—

• (a) the registered person meets the requirements of section 170,

• (b) the registered proprietor has complied with all requirements imposed on the registered proprietor under this Act and any regulations made thereunder following an assessment of the proposed registered proprietor under section 168, and

• (c) the responsible person fulfils the criteria for a responsible person as set out in section 171.

• (4) Where the Commission registers the community mental health centre under this section, the Commission shall issue a certificate of registration to the person who made the application under section 150 and shall notify the person of the registration of the community mental health centre and such notification shall specify:

• (a) the name of the community mental health centre the subject of the registration concerned;

• (b) the premises to which the registration relates;

• (c) in the case of registration which is subject to conditions, the conditions which apply to the registration concerned;

• (d) the date from which the registration of the community mental health centre shall take effect and the date on which the registration ends.

155. Grant or refusal of registration of community mental health services

155. (1) Where the Commission receives an application under section 151, the Commission may—

• (a) register the community mental health service where it is satisfied of the matters under paragraphs (a), (b) and (c) of subsection (3),

• (b) register the community mental health service subject to such conditions as it may attach to the registration, or

• (c) refuse to register the community mental health service.

• (2) The Commission may visit a mental health service in respect of which a person has applied for registration as a registered community mental health service within a prescribed period and take any findings into consideration when assessing the application for registration.

• (3) The Commission shall not register a community mental health service unless the Commission is satisfied that—

• (a) the registered person meets the requirements of section 170,

• (b) the registered proprietor has complied with all requirements imposed on the registered proprietor under this Act and any regulations made thereunder following an assessment of the proposed registered proprietor under section 168, and

• (c) the responsible person fulfils the criteria for a responsible person as set out in section 171.

• (4) Where the Commission registers the community mental health service under this section, the Commission shall issue a certificate of registration to the person who made the application under section 151 and shall notify the person of the registration of the community mental health service and such notification shall specify:

• (a) the name of the community mental health service the subject of the registration concerned;

• (b) the premises to which the registration relates;

• (c) in the case of registration which is subject to conditions, the conditions which apply to the registration concerned;

• (d) the date from which the registration of the community mental health service shall take effect and the date on which the registration ends.

156. Renewal of registration

156. (1) A person may apply to the Commission for the renewal of registration of a registered mental health service.

• (2) Where a person is applying for the renewal of registration of a registered acute mental health centre, an application shall be made in a form specified by the Commission, accompanied by a prescribed fee, if any, and shall specify—

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

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

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

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

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

• (3) Where a person is applying for the renewal of registration of a registered community mental health centre, an application shall be made in the form and manner specified by the Commission, accompanied by a prescribed fee, if any, and shall specify—

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

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

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

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

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

• (4) Where a person is applying for the renewal of registration of a registered community mental health service, an application shall be made in the form and manner specified by the Commission, accompanied by a prescribed fee, if any, and shall specify—

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

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

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

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

• (5) The Commission may visit a registered mental health service in respect of which a person has applied to renew its registration under this section and take any findings into consideration when assessing the application for renewal.

• (6) Subject to subsection (7)—

• (a) where the application for a renewal of registration of a registered mental health service is made in accordance with subsection (2), (3) or (4), and

• (b) following any findings taken into consideration by the Commission following an inspection under subsection (5),

the Commission shall renew the registration in accordance with the application where it is satisfied that the application complies with the requirements of this section.

• (7) The Commission shall refuse the application for a renewal of registration of a registered mental health service where—

• (a) it has reasonable grounds to believe that the application, or any document or information accompanying the application, contains information that is false or misleading,

• (b) it has serious concerns that the person who made the application for renewal under this section is not in compliance with provisions of this Act during the period of registration and that non-compliance, in the view of the Commission, amounts to a significant failure of compliance, or

• (c) there is a serious risk to the health or welfare of the staff or of a person in a registered mental health service.

• (8) Where the Commission grants the application for the renewal of a registration of a registered mental health service, the Commission shall, as soon as practicable after doing so, issue a certificate of registration under section 153(4), 154(4) or 155(4) and shall notify the person who made the application for renewal under this section accordingly.

• (9) Where the Commission refuses the application for a renewal, the Commission shall, as soon as is possible, notify the person who made the application for renewal under this section in writing of—

• (a) the refusal of the application and the reasons for it, and

• (b) the right to appeal in accordance with section 163.

• (10) An application for the renewal of registration of a registered mental health service under this section shall be made not less than 6 months before the date on which the registration is due to expire.

157. Representations

157. (1) Where the Commission proposes to—

• (a) refuse to register—

• (i) an acute mental health centre under section 153,

• (ii) a community mental health centre under section 154, or

• (iii) a community mental health service under section 155,

• (b) attach a condition to the registration of a registered mental health service when registering such a service in accordance with section 153, 154 or 155,

• (c) vary or impose a condition, including an additional condition, where it considers it necessary under section 159, or

• (d) refuse to renew the registration of a registered mental health service under section 156,

it shall notify the registered proprietor in writing of the proposal and the reasons for the proposal not later than 14 days after the date of the proposal, and that he or she may make representations in accordance with this section.

• (2) A person who receives a notification under subsection (1) may within 21 days of the date of such notice make representations in writing in respect of the proposal by the Commission to refuse the application for a registration, attach a condition or refuse to renew the registration of a registered mental health service.

• (3) Where a notification has been given under subsection (1), the Commission shall not issue a final decision until—

• (a) it has considered any representations made to it by the person concerned in accordance with subsection (2), within 21 days of receipt of such representations, or

• (b) the period referred to in subsection (2) has elapsed and no representations are made by the person concerned.

• (4) Where the Commission, having considered the representations (if any) made to it under subsection (2), decides to refuse to register the acute mental health centre, community mental health centre or community mental health service, attach a condition to the registration of a registered mental health service or refuse to renew the registration of a registered mental health service, it shall notify the person concerned in writing—

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

• (b) that the person concerned may appeal the refusal under section 163.

158. Duration of registration

158. (1) A registration of a registered acute mental health centre has effect for a period of no more than 3 years from the date of registration specified by the Commission on registration.

• (2) A registration of a registered community mental health centre has effect for a period of no more than 5 years from the date of registration specified by the Commission on registration.

• (3) A registration of a registered community mental health service has effect for a period of no more than 5 years from the date of registration specified by the Commission on registration.

159. Variation or addition of conditions

159. (1) The Commission may, where it considers it necessary to do so, vary a registration under section 153, 154 or 155 including by way of varying a condition, imposing a condition or including an additional condition.

• (2) Where the Commission proposes to vary a registration under subsection (1), it shall notify the registered mental health service in writing of the proposal and any such notification shall—

• (a) specify the condition to the registration which the Commission proposes—

• (i) to vary and provide details of the proposed variation and the reasons for it, or

• (ii) to impose on the registration and the reasons for it,

• (b) specify the date from which the condition shall apply, which date shall not be less than 21 days from the date of the notice, and

• (c) inform the registered mental health service that it may make representations in writing to the Commission within 21 days of the date of receipt of such notice.

• (3) A registered mental health service which receives a notification under subsection (2) may make representations in writing in respect of the proposal by the Commission to vary or impose a condition on the registration in accordance with subsection (4).

• (4) Where a notification has been given under subsection (2), the Commission shall not issue a final decision regarding its proposal until—

• (a) it has considered any representations made to it by the registered mental health service in accordance with subsection (3), within 21 days of receipt of such representations, or

• (b) the period referred to in subsection (2) has elapsed and no representations are made by the service.

• (5) Where the Commission, having considered the representations (if any) made to it under subsection (3), decides to vary or impose a condition to a registration, it shall notify the registered mental health service in writing—

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

• (b) that the registered mental health service may appeal the decision under section 163.

160. Application by registered mental health service to vary or remove condition

160. (1) A registered mental health service may apply to the Commission for the variation or removal of any condition attached to the registration of the service.

• (2) An application under subsection (1) shall be made in the prescribed manner accompanied by the prescribed fee, if any.

• (3) The Commission may grant an application under subsection (1) if it is satisfied that the variation or removal of the condition is—

• (a) appropriate in the circumstances, and

• (b) will not adversely affect persons receiving treatment from the registered mental health service.

• (4) Where the Commission proposes not to grant an application under subsection (1), it shall notify the registered mental health service in writing that it may make representations in writing to the Commission within 21 days of the date of receipt of such notice.

• (5) A registered mental health service which receives a notification under subsection (4) may make representations in writing in respect of the proposal by the Commission not to grant the application concerned.

• (6) Where a notification has been given under subsection (4), the Commission shall not issue a final decision regarding its proposal until—

• (a) it has considered any representations made to it by the registered mental health service in accordance with subsection (5), within 21 days of receipt of such representations, or

• (b) the period referred to in subsection (4) has elapsed and no representations are made by the service.

• (7) Where the Commission, having considered the representations (if any) made to it under subsection (5), refuses to vary or remove a condition to a registration, it shall notify the registered mental health service in writing—

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

• (b) that the registered mental health service may appeal the decision under section 163.

161. Removal of conditions by Commission

161. (1) The Commission may, at any time, remove any condition attached to the registration of a registered mental health service where it considers that the removal of the condition is—

• (a) appropriate in the circumstances, and

• (b) will not adversely affect persons receiving treatment from the registered mental health service.

• (2) Where the Commission has removed a condition in accordance with subsection (1), it shall notify the registered mental health service.

162. Suspension and revocation of registration

162. (1) Subject to section 163, the Commission may suspend or revoke a registration of any registered mental health service for any of the following reasons:

• (a) the Commission is of the opinion that the registered mental health service contravened a condition attached, varied or imposed under section 153, 154, 155 or 159 on the registration;

• (b) the information provided by the registered mental health service when applying for registration under section 153, 154 or 155 or making representations under section 157 was false or incomplete in any material aspect;

• (c) the Commission is of the opinion that there is a risk to the health or welfare of persons accessing services from that service;

• (d) the registered mental health service has not complied with this Act or any regulations made thereunder.

• (2) Where the Commission proposes to suspend or revoke a registration under subsection (1), it shall—

• (a) notify the registered mental health service, the subject of the proposal, in writing, of the proposal and the reasons for the proposal, and

• (b) inform the registered mental health service, the subject of the proposal, that the service may make representations to the Commission not later than 21 days or such further period as the Commission specifies from the date of the service of the notification and that any such representations shall be considered by the Commission.

• (3) A registered mental health service which receives a notification under subsection (2) may within 21 days of the notification make representations in writing in respect of the proposal.

• (4) Where a notification has been given under subsection (2), the Commission shall not issue a final decision until—

• (a) it has considered any representations made to it by the registered mental health service in accordance with subsection (3), or

• (b) the period referred to in subsection (2)(b) has elapsed and no representations are made by the registered mental health service concerned.

• (5) Where the Commission, having considered any representations made by or on behalf of a registered mental health service under subsection (3) and having considered the needs of the persons accessing the service, decides to suspend or revoke a registration, it shall notify the registered mental health service in writing of the decision, stating—

• (a) the reasons on which the decision is based,

• (b) the date on which the suspension or revocation, as the case may be, shall take effect,

• (c) in the case of a registration which is to be suspended, the period for which it is to be suspended, and

• (d) that the service may within 21 days of the decision appeal the decision under section 163.

• (6) Where the Commission suspends a registration under subsection (5), the Commission may, if it considers it necessary in all the circumstance to do so, extend the period of suspension and where it proposes to do so, subsection (2) shall with all necessary modifications apply to the proposal to extend the suspension as it applies to the proposal to suspend a registration.

• (7) Where the Commission decides to suspend or revoke a registration under subsection (5)—

• (a) the decision takes effect, where no appeal is made within the period referred to in subsection (5)(d), upon the expiration of that period, or

• (b) in the event of an appeal against the decision being made within that period, the decision stands suspended until the appeal is determined or withdrawn.

163. Appeals

163. (1) A person who is aggrieved by a decision under section 153, 154, 155, 156, 159, 160 or 162 may, not later than 21 days after the person received notice of the decision, appeal to the District Court against the decision.

• (2) Where a person makes an appeal under subsection (1), he or she shall at the same time notify the Commission of the appeal.

• (3) An appeal under subsection (1) shall be made to a judge of the District Court for the time being assigned to the District Court district within which the person concerned or the mental health service, as the case may be, is situated.

• (4) On the hearing of an appeal under subsection (1), the District Court may—

• (a) affirm the decision of the Commission under section 153, 154, 155, 156, 159, 160 or 162,

• (b) direct the Commission to register, renew or restore the registration of the mental health service,

• (c) remove or vary the condition attached to the registration of the registered mental health service, or

• (d) allow the appeal.

• (5) The decision of the District Court under this section on a question of fact shall be final.

164. Duty to display certification

164. (1) A registered proprietor of a registered mental health service shall ensure that a certificate of registration is prominently displayed at the registered mental health service.

• (2) A registered proprietor shall be guilty of an offence if he or she fails, without reasonable excuse, to comply with subsection (1).

165. Material amendment of registration

165. A registered mental health service that wishes for its registration to be amended in a material way shall apply to the Commission for such amendment to its registration and, in the case of such application, sections 153, 154 and 155 and the other provisions of this Part applicable to an application for registration shall, with all necessary modifications, apply accordingly.

166. Duty to notify change in information

166. (1) A registered mental health service shall, as soon as practicable, notify the Commission—

• (a) of any change in the name or address of the registered proprietor of the registered mental health service, and

• (b) of an error in an entry in the register relating to the registered mental health service, or a change in circumstances that is likely to have a bearing on the accuracy of an entry in the register.

• (2) A person shall be guilty of an offence if he or she fails, without reasonable excuse, to provide the information in accordance with subsection (1) within a period of 28 days from the date of any such change or error.

167. Requests by Commission for information

167. (1) Where the Commission requests a notified person to provide the Commission with such information as the Commission may reasonably require for the purposes of this Part and is so specified in its request, the notified person shall comply with that request within the period specified in the request.

• (2) A notified person shall be guilty of an offence if he or she fails, without reasonable excuse, to provide the information in accordance with subsection (1) within the period specified in the request.

• (3) In this section, “notified person” means—

• (a) a person who has made an application under this Chapter,

• (b) a registered proprietor,

• (c) a registered person, or

• (d) a responsible person.

Chapter 3 Registered proprietor, registered person, responsible person and clinical director

168. Registered proprietor

168. (1) A person shall not operate the business of a mental health service unless he or she is the registered proprietor thereof.

• (2) The registered proprietor shall be the owner of the registered mental health service.

• (3) The registered proprietor shall have the following responsibilities namely:

• (a) carrying on of the business of the registered mental health service, including overall responsibility for governance, staffing, financial matters and resourcing;

• (b) overall responsibility for ensuring compliance of the registered mental health service with the provisions of this Act;

• (c) ensuring compliance with any conditions attached to the registration of the registered mental health service;

• (d) making an application under Part 5 of the Act of 2015 for the purposes of Chapter 3 of Part 3;

• (e) maintaining or causing to be maintained records in accordance with this Act;

• (f) liaising with the Commission from time to time and when requested to do so by the Commission.

• (4) The Commission shall assess the person proposed to be the registered proprietor when an application for registration is made under section 149, 150 or 151 and may approve the inclusion of the registered proprietor on the register where the Commission is of the opinion that the registered proprietor has complied with all requirements imposed on the registered proprietor under this Act and any regulations made thereunder.

169. Delegation of functions of registered proprietor

169. (1) A registered proprietor may delegate any of the responsibilities specified in section 168(3) to other persons each of whom are suitably qualified by training and experience to perform such functions.

• (2) Where a registered proprietor delegates or proposes to delegate functions under subsection (1), he or she shall ensure that there is in place appropriate training of such persons to enable the delegation of functions and to ensure accountability for the performance of those functions.

• (3) A registered proprietor shall, notwithstanding any delegations made by him or her in accordance with this section, at all times remain accountable to the Commission for the performance of the function so delegated.

• (4) A registered proprietor may revoke a delegation made under subsection (1).

170. Registered person

170. (1) Where the registered proprietor is a corporate body or unincorporated body, the registered proprietor shall nominate a person to be named on the registration of the mental health service in accordance with this section (in this Part known as the “registered person”) when registering the service in accordance with section 153, 154 or 155.

• (2) Where a person named under subsection (1) is no longer the registered person, the registered proprietor may nominate another person to be the registered person and the Commission shall amend the register accordingly.

• (3) A registered person named under subsection (1) or (2) shall be a suitably qualified person by reason of his or her qualifications, training, skills and experience to discharge the responsibilities of a registered proprietor.

• (4) Nothing in this section shall be construed as preventing a registered person from being appointed as the registered person of more than one registered mental health service.

171. Responsible person

171. (1) A registered proprietor shall, as soon as practicable after the commencement of this section and, in any event, not later than 3 months after such commencement, nominate in writing at least one suitably qualified person for the purposes of this Part (in this Act referred to as a “responsible person”).

• (2) A responsible person shall be a suitably qualified person by reason of his or her training and experience to discharge the responsibilities of a responsible person.

• (3) A responsible person shall have the following responsibilities namely:

• (a) carrying on the day-to-day operation of the registered mental health service;

• (b) reporting to the registered proprietor on the day-to-day operations of the registered mental health service as necessary and when requested to do so;

• (c) ensuring compliance by members of the staff of the registered mental health service with this Act and any regulations made thereunder and any conditions imposed upon the registration of the service;

• (d) liaising with the Commission from time to time, including in relation to compliance with this Act and when requested to do so by the Commission.

• (4) The Commission shall assess the person proposed to be the responsible person when an application for registration is made under section 149, 150 or 151 and may—

• (a) approve the inclusion of the person nominated on the register where the Commission is of the opinion that the responsible person is a suitably qualified person in accordance with subsection (2) and has complied with all requirements imposed on the responsible person under this Act or any regulations made thereunder, or

• (b) refuse to approve the inclusion of the person nominated on the register where the Commission is of the opinion that the responsible person is not a suitably qualified person in accordance with subsection (2) and has not complied with all requirements imposed on the responsible person under this Act and any regulations made thereunder.

• (5) A person nominated under subsection (1) may carry out the responsibilities of a responsible person under this section while awaiting the assessment of the Commission under subsection (4).

• (6) A registered proprietor shall, notwithstanding the nomination by the service of the responsible person, at all times remain responsible for, and accountable to the Commission in respect of compliance with this Act and any regulations made thereunder.

• (7) Nothing in this section shall be construed as preventing a responsible person from being appointed as the responsible person of more than one registered mental health service.

172. Clinical director

172. (1) The governing body of a registered acute mental health centre shall appoint in writing a consultant psychiatrist to be the clinical director of the registered acute mental health centre.

• (2) A clinical director shall be a suitably qualified person by reason of his or her qualifications, training, skills and experience to discharge the responsibilities of a clinical director.

• (3) Nothing in this section shall be construed as preventing a consultant psychiatrist being appointed as the clinical director of more than one registered acute mental health centre.

Chapter 4 Compliance notice

173. Compliance notice

173. (1) Where an inspector is satisfied that a person has contravened a provision to which this section applies, the inspector may, with the approval of the Commission, serve a notice (in this Act referred to as a “compliance notice”) on the person.

• (2) A compliance notice shall—

• (a) state the grounds for the inspector being satisfied that there has been a contravention referred to in subsection (1),

• (b) for the purpose of ensuring compliance by the person concerned with a provision to which this section applies, require the person to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and

• (c) contain information regarding the bringing of an appeal under subsection (5) against the notice, including the manner in which an appeal shall be brought.

• (3) A compliance notice shall not specify a date in accordance with subsection (2)(b) that falls on or before the date by which an appeal under subsection (5) may be brought.

• (4) The inspector may, with the approval of the Commission—

• (a) withdraw a compliance notice at any time, as he or she considers appropriate, or

• (b) where no appeal is brought under subsection (5), specify a date extending the period specified in the notice for the purposes of subsection (2)(b), and notify the person in writing accordingly.

• (5) A person may appeal a compliance notice served on him or her to the District Court not later than 21 days after the service of the compliance notice concerned.

• (6) Where a person makes an appeal under subsection (5) that person shall at the same time notify the Commission of the appeal and the grounds for the appeal and the inspector and the appellant concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (5).

• (7) The District Court shall, upon an appeal under subsection (5), do one of the following:

• (a) affirm the compliance notice concerned;

• (b) direct the inspector to withdraw the compliance notice concerned.

• (8) The inspector shall comply with a direction under subsection (7)(b).

• (9) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

• (10) This section shall not operate to prevent or restrict—

• (a) the entitlement of any person to bring proceedings for the purpose of securing compliance with this Act by a person, or

• (b) the bringing or prosecuting of any proceedings for an offence under this Act.

• (11) In this section—

“inspector” means the Chief Inspector or an Assistant Inspector;

“specified date” means, in relation to a compliance notice—

• (a) the date specified in the notice in accordance with subsection (2)(b), where no appeal against the notice is brought under subsection (5), or

• (b) the day falling immediately after the expiration of the period of 7 days from the date on which the District Court so affirms the notice, where an appeal against the notice is brought under subsection (5) and the District Court affirms the notice in accordance with subsection (7)(a).

• (12) This section applies to sections 159, 164, 165, 166, 167, 168(3), 171(6), 182, 183, 188, 191, 194 and 195.

Chapter 5 Closure, cancellation and taking charge

174. Commission may temporarily cancel registration without notice in certain circumstances

174. (1) Where the Commission considers that there is a serious risk to the life, health or welfare of members of the staff or the persons in a registered mental health service, the Commission may, without giving notice, temporarily cancel the registration of the registered mental health service and any such temporary cancellation shall have effect for a period not exceeding 21 days as shall be specified in a notice under subsection (2) and shall cease to have effect—

• (a) subject to paragraph (b), on the expiry of the date specified in the notice, or

• (b) in a case where the registered mental health service, the subject of the temporary cancellation, makes within the period specified in the notice, an application to the District Court under subsection (3), on the determination of the Court.

• (2) Where the Commission decides to temporarily cancel a registration under subsection (1), the Commission shall, as soon as may be, notify in writing the registered mental health service—

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

• (b) of the period for which the temporary cancellation shall have effect and the date on which it shall come into operation, and

• (c) that the service may make an application under subsection (3) for consideration and determination by the Court of the temporary cancellation of the registration concerned.

• (3) A registered mental health service which is aggrieved by a decision of the Commission under subsection (1) may make an application on notice in a summary manner to the District Court for consideration and determination by the Court of the decision of the Commission.

• (4) The District Court may, on the hearing of an application under subsection (3) by a registered mental health service, consider any evidence adduced or argument made, whether adduced or made to the Commission and may—

• (a) either—

• (i) confirm the decision that is the subject of the application, or

• (ii) cancel that decision and replace it with such other decision as the District Court considers appropriate,

and

• (b) give the Commission such direction as the District Court considers appropriate.

• (5) An application made under this section to the District Court shall be to a judge of the District Court for the time being assigned to the District Court district within which the registered mental health service is located.

175. Application where risk to life or serious risk to health or welfare of persons in registered mental health service

175. (1) Where the Commission has reasonable grounds to believe that there is a risk to the life, or a serious risk to the health or welfare, of members of the staff or of a person in a registered mental health service, the Commission may apply to the District Court for an order—

• (a) cancelling the registration of the registered mental health service,

• (b) varying any condition of the registration of the registered mental health service, or

• (c) attaching an additional condition to the registration of the registered mental health service.

• (2) An application under this section may be made ex parte where, having regard to the circumstances of the particular case, the Court considers it necessary or expedient to do so in the interests of justice.

• (3) Where an application under subsection (1) for an order is made ex parte, it shall be grounded on an affidavit sworn by the Chief Inspector.

• (4) Where, on hearing an application under subsection (1), the District Court is satisfied that there is a risk to the life, or a serious risk to the health or welfare, of members of the staff or a person accessing the registered mental health service because of any act, omission, failure to act or negligence on the part of the registered mental health service or the registered proprietor, it may make an order in accordance with that subsection—

• (a) cancelling the registration of the registered mental health service,

• (b) varying any condition of the registration of the registered mental health service, or

• (c) attaching an additional condition to the registration of the registered mental health service.

• (5) An application under subsection (1) shall be made to the District Court judge assigned to the District Court district in which the registered mental health service is located.

• (6) Where an order is made under subsection (4), the Chief Inspector shall, as soon as is practicable, serve a copy of the order and the affidavit referred to in subsection (3) on the registered mental health service concerned.

176. Notification of temporary or permanent cancellation of registration to the Executive

176. (1) Where the Commission has temporarily cancelled the registration of a registered mental health service in accordance with section 174 or a court has cancelled the registration of a registered mental health service in accordance with section 175, the Commission shall notify the Executive in writing of the cancellation and of the date on which the cancellation takes effect.

• (2) In a notification made under subsection (1), the Commission may request the Executive to—

• (a) make alternative arrangements for the persons within the care of the registered mental health service, the subject of such cancellation,

• (b) where appropriate, transfer or arrange for the transfer of the persons within the care of the registered mental health service to another registered mental health service in accordance with section 179, or

• (c) temporarily take charge of the registered mental health service in accordance with section 178.

177. Closure of registered mental health service

177. (1) Where a registered proprietor intends to cease the provision of services in a registered mental health service, the registered proprietor shall inform the Commission, by notice in writing of the intended date, not later than—

• (a) in relation to a registered acute mental health centre or a registered community mental health centre, 6 months prior to the intended date, or

• (b) in relation to a registered community mental health service, 3 months prior to the intended date.

• (2) The registered mental health service shall continue to provide mental health services in the registered mental health service, for a period of not less than—

• (a) in relation to a registered acute mental health centre or a registered community mental health centre, 6 months, or

• (b) in relation to a registered community mental health service, 3 months,

from the date of serving of notice under subsection (1) unless it has agreed in writing with the Commission that it may cease the provision of these services at a date earlier than the intended date.

• (3) In this section, “intended date” means the date specified in the notice under subsection (1) on which the registered proprietor intends to cease providing services in a registered mental health service.

178. Taking charge of mental health service by Executive on cancellation of registration

178. (1) The Executive may, as soon as possible after the notification under section 176(1)—

• (a) consult with the registered proprietor of the mental health service, the subject of the cancellation, and

• (b) make an application in accordance with subsection (3) to the District Court to take charge of the mental health service, the subject of the cancellation.

• (2) Where the Executive was, immediately before the cancellation, the registered proprietor of the mental health service, the Executive may, following consultation with the Commission, notwithstanding the cancellation of registration, continue to provide mental health services at the mental health service as if it were a registered mental health service as its registered proprietor and subject to the particulars of any such arrangement agreed with the Commission.

• (3) Subject to subsection (4), where the Executive was not, immediately before the cancellation, the registered proprietor of the mental health service, the Executive may—

• (a) with the consent of the person who, immediately before the cancellation was the registered proprietor, or

• (b) by order of the District Court following an application made under subsection (1),

take charge of the mental health service and may provide mental health services at the mental health service as if it were registered under this Act with the Executive as its registered proprietor.

• (4) The Executive may take charge in accordance with subsection (3), until—

• (a) such time as the Executive seeks the closure of the service in accordance with section 177, or

• (b) the mental health service is registered by the Commission in accordance with section 153, 154 or 155.

179. Transfer of persons subject of order from registered acute mental health centre following closure

179. (1) Subject to subsection (3), where a person is the subject of an involuntary admission order or a renewal order and continues to meet the criteria for involuntary admission or criteria for involuntary admission of a child, as the case may be, and where—

• (a) the registration of the registered acute mental health centre has been cancelled,

• (b) mental health services will no longer be provided in that centre, or

• (c) the centre will otherwise cease to provide mental health services,

and the Executive is not taking charge of the centre, the Executive or the registered proprietor shall arrange for his or her transfer to another registered acute mental health centre.

• (2) Where the person referred to in subsection (1) is a child, the Executive shall make an application to the Family District Court in the Family District Court district where the child concerned resides, or is located, prior to the transfer taking place, for an order authorising—

• (a) the transfer to the other registered acute mental health centre, and

• (b) the reception, detention and care and treatment of the child in that other registered acute mental health centre.

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

• (4) Where a person the subject of an involuntary admission order or a renewal order is transferred to another registered acute mental health centre under this section, the clinical director of the registered acute mental health centre from which he or she has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.

• (5) The detention of a person the subject of an involuntary admission order or a renewal order in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre to which he or she has been transferred.

• (6) Any transfer of a person under this section shall take account of the assessed needs of the person and his or her care plan and any regulations made by the Minister under this section.

• (7) Without prejudice to the generality of subsection (6), regulations under this section may provide for all or any of the following matters:

• (a) procedural steps in relation to the temporary or permanent closure of a registered acute mental health centre, including timeframes for transfer, if any, and the notification of closure to residents or people accessing those services;

• (b) where relevant, the safe and secure transfer of persons from one registered acute mental health centre to another;

• (c) the guiding principles underpinning any transfer;

• (d) assessment of the needs of each person receiving treatment in the registered acute mental health centre whose care and treatment is to be transferred to another registered acute mental health centre and the recording of this assessment on his or her individual care plan as appropriate;

• (e) information to be given to people receiving care and treatment in the registered acute mental health centre when transferred;

• (f) transfer of medical records and other information, as appropriate, from the registered acute mental health centre, the subject of the cancellation, to another registered acute mental health centre;

• (g) any other matters which the Minister considers appropriate.

180. Transfer of persons other than those subject to order from registered acute mental health centre following closure

180. (1) Where—

• (a) the registration of a registered acute mental health centre has been cancelled and the service will cease to provide mental health services, and

• (b) the Executive is not taking charge of the centre concerned or the centre concerned will otherwise cease to provide mental health services,

the Executive or the registered proprietor shall or may, as the case may be, carry out the steps specified in subsection (2) in respect of any person (including a voluntarily admitted child or a child aged 16 years or older lacking capacity admitted with parental consent) receiving treatment in the centre concerned who is not subject to an involuntary admission order or a renewal order.

• (2) Where subsection (1) applies, the Executive or the registered proprietor—

• (a) shall, where there is an imminent risk of harm to the person concerned if he or she does not continue to receive mental health treatment, arrange for his or her transfer to another registered acute mental health centre, or

• (b) may, where there is no risk of harm to the person concerned, arrange for his or her transfer to another registered acute mental health centre.

• (3) Where—

• (a) a person is accessing services in a registered community mental health centre or registered community mental health service where the registration of the centre or service has been cancelled and the centre or service will cease to provide mental health services, and

• (b) the Executive is not taking charge of the centre or service, or the centre or service will otherwise cease to provide mental health services,

the Executive or the registered proprietor may arrange for the transfer of the person concerned to another registered community mental health centre or registered community mental health service.

• (4) Any transfer of a person under this section shall take account of the assessed needs of the person and, where the person is transferred in accordance with subsection (2), his or her care plan and any regulations made by the Minister under this section.

• (5) Without prejudice to the generality of subsection (4), regulations under this section may provide for all or any of the following matters:

• (a) procedural steps in relation to the temporary or permanent closure of a registered mental health service, including timeframes, or transfer, if any, and the notification of closure to residents or people accessing those services;

• (b) where relevant, the transfer of persons from one registered mental health service to another;

• (c) the guiding principles underpinning any transfer;

• (d) assessment of the needs of each person receiving treatment in the registered mental health service whose care and treatment is to be transferred to another service and the recording of this assessment on his or her individual care plan as appropriate;

• (e) information to be given to people receiving care and treatment in the registered mental health service when transferred;

• (f) transfer of medical records and other information, as appropriate, from the service, the subject of the cancellation, to a registered mental health service;

• (g) any other matters which the Minister considers appropriate.

181. Cessation of mental health service

181. If a registered mental health service ceases to provide mental health services or closes the mental health service in accordance with section 177, the Commission shall—

• (a) make a note to that effect in the appropriate register including the date of cessation of the service, and

• (b) cancel the registration of the service.

Chapter 6 Regulations for registered mental health services

182. Regulations for registration, operation and management of mental health services

182. (1) Notwithstanding the generality of section 3 and subject to subsection (2), the Minister may, after consultation with the Commission and where appropriate, the Minister for Justice, Home Affairs and Migration, or the Minister for Children, Disability and Equality, as the case may be, make regulations in relation to the registration, operation and management of a registered mental health service including matters relating to the care and treatment of persons in that service.

• (2) The Minister may, after consultation with the Commission and the Minister for Justice, Home Affairs and Migration, make regulations in relation to the registration, operation and management of—

• (a) designated centres which have been registered as a registered mental health service and which may include the Central Mental Hospital, or

• (b) the Central Mental Hospital only,

including matters related to the care and treatment of persons in those centres or that Hospital.

• (3) Without prejudice to the generality of subsections (1) and (2), regulations under subsections (1) and (2) may provide for all or any of the following matters:

• (a) the registration of a registered mental health service;

• (b) the experience or qualifications required by a registered proprietor, a registered person or a responsible person to carry out the functions of the respective roles;

• (c) the maintenance, care and welfare of all persons receiving treatment in a registered mental health service;

• (d) the staffing of a registered mental health service including requirements as to the qualifications of members of the staff and the training of such staff;

• (e) the design and quality of the premises of a registered mental health service, including accommodation facilities provided in registered acute mental health centres and registered community mental health centres;

• (f) the establishment and maintenance of a register of all persons receiving treatment in, or under the care of, a registered mental health service;

• (g) the records and reports to be kept and maintained by a registered mental health service;

• (h) the development and implementation of community care plans by a registered community mental health centre or by a registered community mental health service;

• (i) that, subject to any regulations made under section 53 of the Health Act 2004, a registered mental health service be required—

• (i) to make adequate arrangements for an accessible and effective procedure for dealing with complaints made by or on behalf of a person who is or was receiving any of the services or who is seeking or has sought any such service,

• (ii) to nominate a member of the staff of a registered mental health service to be the complaints officer and another member of such staff to be the review officer to investigate and review complaints for the registered mental health service,

• (iii) to ensure that persons employed in the registered mental health service are appropriately trained on the arrangements for dealing with complaints, and

• (iv) to publicise the arrangements for dealing with complaints;

• (j) the development and implementation by a registered mental health service of adequate arrangements for effective risk management policies and procedures for the service;

• (k) the information to be provided by a registered mental health service on any relevant advocacy services and access to such services, as appropriate;

• (l) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1) or (2).

• (4) The Minister may, following consultation with the Minister for Justice, Home Affairs and Migration, provide that regulations made under this section shall apply in the same manner to designated centres as those regulations apply to registered acute mental health centres, and shall specify in the order making the regulations where it shall so apply.

• (5) A person who contravenes a provision of a regulation made under subsection (1) or (2) that is stated in the regulations to be a penal provision 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 3 months, or to both.

183. Regulations for registration, operation and management of mental health services for children

183. (1) Notwithstanding the generality of section 3, the Minister may, after consultation with the Commission and the Minister for Children, Disability and Equality, make regulations in relation to the registration, operation and management of registered mental health services for children including matters relating to the care and treatment of children by those services.

• (2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide, in addition to the matters provided for in section 182(3), for all or any of the following matters:

• (a) access to education for children in a registered mental health service;

• (b) access to age-appropriate services for children in a registered mental health service.

• (3) A person who contravenes a provision of a regulation made under subsection (1) that is stated in the regulations to be a penal provision 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 3 months, or to both.

PART 7 Miscellaneous

Chapter 1 Codes of practice, electronic signatures and care plans

184. Codes of practice

184. (1) Subject to subsection (2), the Commission may, and at the request of the Minister shall, prepare and publish a code of practice for any matter related to—

• (a) the application of the Act of 2015 to people whose treatment is regulated by Part 3,

• (b) the assessment and determination of capacity for children aged 16 years or older under section 61,

• (c) the transfer of persons to the Central Mental Hospital under section 35,

• (d) the criteria for involuntary admission under section 11 and the criteria for involuntary admission of a child under section 65,

• (e) the bringing, and bringing back, of persons to registered acute mental health centres under section 19 or 74,

• (f) absence with leave under section 38 or 82,

• (g) the admission with parental consent of a child aged 16 years or older lacking necessary capacity under section 64, and

• (h) the use of advanced electronic signatures under section 185.

• (2) Before publishing a code of practice under subsection (1), the Commission—

• (a) shall publish in such manner as the Commission considers appropriate a draft of the code and shall allow persons 30 days from the date of publication of the draft code within which to make representations in writing to the Commission in relation to the draft code or such further period, not exceeding 30 days, as the Commission in its absolute discretion thinks fit,

• (b) shall consult with the Minister, and any other Minister as appropriate, and

• (c) following consultation and, where relevant, having considered the representations (if any) made, shall submit the draft code to the Minister for his or her approval and for his or her consent to its publication.

• (3) The Minister may—

• (a) consent to the publication of a code of practice under this section with or without modification, or

• (b) refuse to consent to publication of such a code of practice.

• (4) Where the Commission publishes a code of practice under this section, the Commission shall cause a notice to that effect to be published in Iris Oifigiúil—

• (a) identifying or specifying the code, and

• (b) specifying the date from which the code shall have effect.

• (5) The Commission may, with the consent of the Minister but subject to subsection (6) amend or revoke a code of practice published under this section.

• (6) Subsection (2) shall, with all necessary modifications, apply to a code of practice that the Commission proposes to amend or revoke under subsection (5) as subsection (2) applies to a code of practice that the Commission proposes to publish under this section.

• (7) Where the Commission amends or revokes a code of practice published under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—

• (a) identifying or specifying the code to which the amendment or revocation relates and, if applicable, particulars of the amendment, and

• (b) specifying the date from which the amendment or revocation shall have effect.

• (8) The Commission shall cause to be published in such form as it considers appropriate a copy of each code of practice published under this section, as the code is in force from time to time, on and from the date on which the code has effect.

• (9) A document bearing the seal of the Commission and purporting to be a code of practice published under this section or, where such a code has been amended under subsection (5), the code as so amended, shall be admissible in evidence in any proceedings under this Act or before a court or tribunal.

• (10) In this section, “code of practice” includes part of a code of practice.

185. Use of advanced electronic signatures

185. (1) An advanced electronic signature may be used for the purpose of any signature under this Act.

• (2) The Commission shall prepare and publish a code of practice regarding the use of advanced electronic signatures under this Act and shall specify—

• (a) the appropriate form for such signatures,

• (b) the circumstances in which such signatures may be used, and

• (c) any other matters the Commission considers appropriate.

• (3) In this section, “advanced electronic signature” has the same meaning as it has in section 2 of the Electronic Commerce Act 2000.

186. Care plans for registered acute mental health centres

186. (1) A member of the multidisciplinary team of a person, other than a child, admitted to a registered acute mental health centre shall, following a comprehensive assessment of the person, prepare a care plan based on that assessment, no later than 14 days, or such shorter period as may be prescribed, after the date of that person’s admission to the centre.

• (2) Subject to subsection (3), a care plan prepared under subsection (1) shall—

• (a) identify the person’s care and treatment needs required to meet any recovery goals identified,

• (b) outline appropriate goals towards the effective recovery of the person,

• (c) specify the resources required to achieve the care and treatment identified in the plan, and

• (d) have due regard to the will and preferences of the person, the subject of that care plan.

• (3) A member of a person’s multidisciplinary team, after consultation with other members of that team, shall—

• (a) review the care plan on a regular basis with the frequency of review based on the individual needs of the person concerned, and

• (b) where necessary or relevant, revise the care plan after such consultation and, in so far as possible, in consultation with the person concerned.

• (4) A member of a person’s multidisciplinary team may, where the consent of the person concerned has been given, consult with—

• (a) the nominated person (if any) of the person concerned, or

• (b) any other person, where appropriate.

• (5) A care plan prepared under subsection (1) or revised under subsection (3)(b) shall be—

• (a) signed where possible or appropriate by the person the subject of the plan,

• (b) retained with the person’s medical records for such period as may be specified by the Commission, and

• (c) accessible to the person the subject of the plan.

187. Care plans for children in registered acute mental health centres

187. (1) A member of a child’s multidisciplinary team shall, following a comprehensive assessment of the child in a registered acute mental health centre, prepare a care plan based on that assessment no later than 14 days, or such shorter period as may be prescribed, after that child’s admission to the centre.

• (2) Subject to subsection (3), a care plan prepared under subsection (1) shall—

• (a) identify the child’s care and treatment needs required to meet any recovery identified,

• (b) outline appropriate goals towards the effective recovery of the child,

• (c) include that the child is provided with appropriate educational services in accordance with his or her needs and age and include details of such services being offered to the child,

• (d) specify the resources required to achieve the care and treatment identified in the plan, and

• (e) have due regard, in accordance with the guiding principles, to the will and preferences of the child, the subject of that care plan.

• (3) A member of the multidisciplinary team shall—

• (a) consult the child’s relevant consulted carers, if any, before preparing the care plan under subsection (1),

• (b) ensure that any consultation is accessible to the child and that information shall be provided in a manner that can reasonably be understood by the child, and

• (c) provide a copy of that plan to—

• (i) the child concerned,

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

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

• (iv) the child’s nominated person, if any.

• (4) A member of a child’s multidisciplinary team shall review the care plan on a regular basis, with the frequency of review based on the individual needs of the child concerned and where necessary or relevant, revise the plan after consultation with the child concerned and where appropriate, his or her relevant consulted carers, if any.

• (5) A member of a child’s multidisciplinary team shall consult with other members of that multidisciplinary team when preparing or revising a care plan.

• (6) A care plan prepared under subsection (1) or revised under subsection (4) shall be—

• (a) signed, where possible or appropriate by the child and, where appropriate by his or her parents or guardian or the Agency, and

• (b) retained in the child’s medical records for such period as may be specified by the Commission.

188. Regulations concerning care plans

188. Without prejudice to the generality of section 3, the Minister may make regulations concerning care plans which may provide for any or all of the following matters:

• (a) the form of a care plan;

• (b) the resources required to achieve any goals set out in a care plan;

• (c) the review of a care plan by a multidisciplinary team;

• (d) the involvement of the adult or child the subject of a care plan, and, where appropriate, the parents, or either of them, or guardian of a child the subject of a care plan or the Agency in the development and review of the plan;

• (e) the involvement, as appropriate, of nominated persons or other persons where the person the subject of the care plan consents;

• (f) the retention and maintenance of a record of a care plan;

• (g) access to the care plan by the adult or child, the subject of the care plan, or the child’s parents or guardian or the Agency, where appropriate;

• (h) any particulars related to matters that members of a person’s multidisciplinary team can develop, review, amend or update in his or her care plan;

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

Chapter 2 Data protection

189. Definitions (Chapter 2: data protection)

189. In this Chapter—

“Act of 2018” means the Data Protection Act 2018;

“controller” means a controller within the meaning of the General Data Protection Regulation;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“personal data” has the meaning it has in the General Data Protection Regulation;

“processing”, in relation to personal data, has the meaning it has in the General Data Protection Regulation;

“special categories of personal data” has the same meaning as it has in the Act of 2018.

190. Processing of personal data and special categories of personal data

190. (1) The Commission may process personal data, including special categories of personal data, in accordance with the General Data Protection Regulation and the Act of 2018 and any regulations under section 191 to the extent necessary and proportionate for the performance of its functions under this Act.

• (2) For the purposes of this Act, the Commission is designated as controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act.

• (3) Personal data processed for the purposes referred to in subsection (1) shall not be retained for any period beyond which it is required and shall be permanently deleted after it is no longer required.

191. Regulations concerning data protection