MENTAL HEALTH ACT 2026

191. Without prejudice to the generality of section 3, the Minister may, after consultation with the Commission, make regulations for any or all of the following:

• (a) the types and forms of processing which may be carried out;

• (b) the personal data that may be processed;

• (c) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed;

• (d) suitable and specific measures, including measures referred to in section 36(1) of the Act of 2018, to safeguard the fundamental rights and freedoms of data subjects in the processing of personal data, including special categories of personal data under this Act;

• (e) where the processing involves data relating to the health of a data subject, additional measures to be taken to safeguard the processing of that data;

• (f) the period of time during which personal data or special categories of personal data may be processed;

• (g) where possible, the proposed time limit within which each category of personal data shall be erased;

• (h) such other conditions (if any) as the Minister considers appropriate to impose on such processing.

Chapter 3 Nominated persons and records to be maintained

192. Nominated persons

192. (1) Subject to subsection (6), where a person has been admitted to a registered acute mental health centre, the person may nominate an adult (in this Act referred to as a “nominated person”) on his or her behalf to be provided with information in relation to his or her treatment under this Act or on the application of a restrictive practice.

• (2) Where a person has nominated a nominated person in accordance with subsection (1), he or she may—

• (a) specify the duration of time for such nomination, and

• (b) revoke such nomination at any time.

• (3) Where no duration is specified under subsection (2)(a), any nominated person nominated under subsection (1) shall be nominated for a period of not more than 3 months or until the person is discharged from the registered acute mental health centre, whichever is sooner.

• (4) A nominated person may be nominated again by the person concerned where his or her nomination has expired.

• (5) Where a person has nominated a nominated person in accordance with subsection (1) or revoked a nomination in accordance with subsection (2)(b), such nomination or revocation shall be recorded in writing and retained with the medical records of the person.

• (6) Where a decision-making representative has been appointed to the person concerned, he or she may act as the nominated person or he or she may nominate another person on behalf of the person to be a nominated person.

• (7) The provisions of this section shall apply to a nominated person nominated by a decision-making representative under subsection (6) as if he or she was nominated by the person himself or herself.

193. Nominated person for children aged 16 years or older

193. (1) Where a child has been admitted to a registered acute mental health centre, he or she may nominate his or her guardian or another adult (in this Act referred to as a “nominated person”) on his or her behalf to be provided with information in accordance with sections 61, 70, 75, 76, 77, 97, 98 and 187 and to make requests in accordance with section 81.

• (2) Where a child has nominated a nominated person in accordance with subsection (1), he or she may—

• (a) specify the duration of time for such nomination, and

• (b) revoke such nomination at any time.

• (3) Where no duration is specified under subsection (2)(a), any nominated person nominated under subsection (1) shall be nominated for a period of not more than 3 months or until the child is discharged from the registered acute mental health centre, whichever is sooner.

• (4) A nominated person may be nominated again by the child concerned where his or her nomination has expired.

• (5) A child may change his or her nominated person at any time.

• (6) Where a child has nominated a nominated person in accordance with subsection (1) or revoked a nomination in accordance with subsection (2)(b), such nomination or revocation shall be recorded in writing and retained with the medical records of the child.

• (7) A child may consult with his or her nominated person at any time during his or her admission to a registered acute mental health centre and a child may request that his or her nominated person attend any meetings during his or her admission.

• (8) The nomination, or not, of a nominated person under this section shall not interfere with any rights of the parents or guardian of a child to receive information regarding the child.

• (9) In this section, references to “a child” mean a child aged 16 years or older.

194. Records to be maintained for registered community mental health centres and registered community mental health services

194. (1) A registered proprietor of a registered community mental health centre or a registered community mental health service shall cause to be maintained a record (in this section referred to as “the record”) in respect of a person who is in or being treated by the registered community mental health centre or the registered community mental health service concerned.

• (2) Without prejudice to the generality of subsection (1), the following shall be retained as part of the record:

• (a) the person’s medical information;

• (b) reports from any examination or assessment of the person within the care of the registered community mental health centre or the registered community mental health service concerned;

• (c) any records relating to any decision or treatment of a person while within the care of the registered community mental health centre or the registered community mental health service concerned.

• (3) The record shall be maintained in a secure and permanent form, and made available for inspection by the Chief Inspector and Assistant Inspectors or another staff member of the Commission, authorised by the Chief Executive Officer, where the information contained in the record is required for the proper performance by the Commission of its duties.

• (4) The Minister may prescribe the form of the records to be kept and maintained by a registered community mental health centre or a registered community mental health service under this section and any matter relating to the keeping and maintenance of such records.

195. Records to be maintained for registered acute mental health centres

195. (1) A registered proprietor of a registered acute mental health centre shall cause to be maintained a record (in this section referred to as “the record”) in respect of a person who is receiving treatment and care in a registered acute mental health centre.

• (2) Without prejudice to the generality of subsection (1), the following shall be retained as part of the record:

• (a) the person’s medical information;

• (b) any orders made—

• (i) under section 21 or 22 in relation to an involuntarily admitted person, or

• (ii) under section 62(2), 64(2), 66, 67 or 70 in relation to a child,

while at the registered acute mental health centre;

• (c) any capacity assessments;

• (d) any treatment that is administered to a person without consent under Chapter 3 of Part 3 or Chapter 3 of Part 4;

• (e) where the person is an adult, any use of electro-convulsive therapy on the person in the registered acute mental health centre;

• (f) any application of a restrictive practice on the person in the registered acute mental health centre;

• (g) reports from any examination or assessment of the person within the care of a registered acute mental health centre;

• (h) any records relating to any decision, or treatment on a person while within the care of the registered acute mental health centre.

• (3) The record shall be maintained in a secure and permanent form, and made available for inspection by the Chief Inspector and Assistant Inspectors or another staff member of the Commission, authorised by the Chief Inspector, where the information contained in the record is required for the proper performance by the Chief Inspector or the Assistant Inspectors of his or her duties.

• (4) The Minister may prescribe the form of the records to be kept and maintained by a registered acute mental health centre under this section and any matter relating to the keeping and maintenance of such records.

Chapter 4 Offences and penalties

196. Offences and penalties

196. A person guilty of an offence under Part 6 (other than an offence under section 182 or 183) or section 199 shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 2 years, or to both.

197. Time limit where offence may be prosecuted in summary proceedings only

197. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within 2 years from the date on which the offence was alleged to have been committed.

198. Liability for offences by body corporate

198. (1) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

199. Offence of false or misleading information

199. A person who makes an application under section 149, 150, 151 or 156 and who provides information to the Commission under any of those sections that he or she knows to be false or misleading in any material particular or is reckless as to whether it is false or misleading in any material particular shall be guilty of an offence.

200. Minister may prescribe fee

200. The Minister may prescribe a fee where an application is made for—

• (a) registration of a registered acute mental health centre under section 149,

• (b) registration of a registered community mental health centre under section 150,

• (c) registration of a registered community mental health service under section 151, and

• (d) renewal of a registration under section 156,

and such fee shall be recoverable by the Commission as a simple contract debt in any court of competent jurisdiction.

Chapter 5 Legal aid

201. Definitions (Chapter 5: legal aid)

201. In this Chapter—

“affected person” has the meaning assigned to it in section 202;

“assigned legal representative” means a legal representative assigned by the Commission under section 203(2), 203(3), 203(4) or 204(3);

“legal aid” means, in relation an affected person, legal representation given to the person by an assigned legal representative in any relevant matter;

“legal representation” means, in relation to an affected person, representation given to the person by a legal representative in connection with a relevant matter and includes—

• (a) the giving of any oral or written advice by the legal representative to the person concerned, and

• (b) all such assistance as is usually given by a legal representative in contemplation of, ancillary to or in connection with, such relevant matters;

“panel” means a panel of legal representatives established by the Commission under section 203(1);

“relevant matter” means—

• (a) a review specified in paragraph (a) of section 202,

• (b) a review specified in paragraph (b) of section 202, or

• (c) an appeal specified in paragraph (c) of section 202.

202. Application of Chapter

202. This Chapter applies to a person who is the subject of an involuntary admission order or renewal order (in this Chapter referred to as an “affected person”) made under Part 3 in respect of the following:

• (a) a review of an involuntary admission order or renewal order by a review board in respect of the affected person, the subject of the order concerned, under section 31;

• (b) a review of a proposal for transfer of the affected person to the Central Mental Hospital by a review board under section 35;

• (c) subject to section 204, an appeal by the affected person to the Circuit Court under section 32 or an appeal against an order of the Circuit Court to the High Court on a point of law under subsection (16) of that section, as the case may be.

203. Panel of legal representatives and provision of legal aid

203. (1) The Commission shall, on such terms and conditions as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, from time to time determine, establish and maintain a panel or panels of legal representatives who are willing to provide legal aid to affected persons in respect of a relevant matter.

• (2) Where an affected person—

• (a) is the subject of an involuntary admission order, or

• (b) is the subject of a renewal order,

the Commission shall, for the purposes of providing legal representation in relation to a relevant matter specified in section 202(a), assign a legal representative to the person concerned from a panel as soon as practicable following the receipt by the Commission of the involuntary admission order or renewal order concerned, other than where the person concerned has engaged, or proposes to engage, a legal representative at his or her own expense.

• (3) Where an affected person is the subject of a proposal for transfer to the Central Mental Hospital under section 35, the Commission shall, for the purposes of providing legal representation in relation to a relevant matter specified in section 202(b), assign a legal representative to the person concerned from a panel as soon as practicable following the receipt by the Commission of such a proposal, other than where the person concerned has engaged, or proposes to engage, a legal representative at his or her own expense.

• (4) Where the Commission assigns a legal representative to an affected person, under this section or section 204, but the person wishes to be provided with the services of a legal representative on the panel other than the legal representative so assigned, that person may make an application to the Commission in that regard and, save where the Commission considers it inappropriate, it shall assign an alternative legal representative from a panel to provide legal aid to the person concerned.

• (5) The Commission shall provide written confirmation, in the prescribed form and manner, of the assignment of a legal representative to an affected person—

• (a) to the assigned legal representative, and

• (b) to the affected person.

• (6) A person who is for the time being on a panel shall be disqualified from appointment to a review panel or a review board.

• (7) The Commission shall ensure that legal representation provided by an assigned legal representative is of a sufficiently high standard.

• (8) The cost of legal aid shall be discharged by the Commission out of moneys advanced to the Commission in accordance with section 128.

• (9) Legal aid shall be provided free of charge to an affected person and without reference to his or her financial resources.

• (10) The Minister shall, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, from time to time, determine the fees to be paid to assigned legal representatives in respect of legal representation.

204. Criteria for granting legal aid for appeal

204. (1) Where an affected person seeks to appeal a decision of a review board to the Circuit Court under section 32 and he or she has not engaged, or does not propose to engage, a legal representative at his or her own expense in respect of the appeal, he or she may make an application to the Commission for legal aid in respect of that appeal.

• (2) Where an affected person seeks to appeal a decision of the Circuit Court on a point of law to the High Court under section 32(16) and he or she has not engaged, or does not propose to engage, a legal representative at his or her own expense in respect of the appeal, he or she may make an application to the Commission for legal aid in respect of that appeal.

• (3) Where the Commission receives an application from an affected person under subsection (1) or (2), the Commission shall assign a legal representative from a panel to the person concerned, for the purposes of providing legal representation in relation to a relevant matter specified in section 202(c), other than in the following circumstances where the Commission may refuse to grant legal aid:

• (a) the affected person has previously appealed the relevant decision of the review board or the Circuit Court, as the case may be, the subject of the proposed appeal, to the Circuit Court or High Court, as the case may be;

• (b) the affected person has not made his or her application to the Commission within a period of 21 days of the receipt by him or her, or his or her legal representative (whether or not that legal representative was previously assigned by the Commission on behalf of the person in respect of a relevant matter specified in paragraph (a) or (b) of section 202 or retained by the affected person at his or her own expense), of the written notice under section 31 of the relevant decision of the review board.

• (4) Where the Commission assigns a legal representative from a panel to an affected person under subsection (3), the Commission shall assign the legal representative who was previously assigned by the Commission on behalf of the person in respect of a relevant matter specified in paragraph (a) of section 202 unless—

• (a) the legal representative previously assigned is unavailable, or

• (b) the person wishes to be provided with the services of a legal representative on the panel other than the legal representative previously assigned.

• (5) Where the Commission refuses legal aid to an affected person under subsection (3), the Commission shall inform the affected person in writing—

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

• (b) that the affected person may appeal against the decision of the Commission in accordance with subsection (6).

• (6) An affected person who is refused legal aid under subsection (3) may appeal such refusal within 28 days, or such longer period of time as may be prescribed, to the Chief Executive Officer in the prescribed form and manner.

205. Relationship between legal representative and person in receipt of legal aid

205. (1) Save as is otherwise specifically provided for by or under this Act, the relationship between an assigned legal representative and an affected person in receipt of legal aid and the rights and privileges arising out of such relationship, shall be the same as the relationship between, and the rights and privileges arising out of the relationship between, a legal representative and his or her client not being a person in receipt of such legal aid.

• (2) Notwithstanding the relationship between, or rights and privileges of, an assigned legal representative and an affected person in receipt of legal aid, an assigned legal representative providing legal representation to an affected person shall, if so requested by a person duly authorised in that behalf by the Commission in accordance with section 206, provide the person so authorised with any information as that person may reasonably require, in such form as that person may specify, relating to the legal representation provided to an affected person.

206. Commission may request certain information in respect of legal representation

206. (1) The Commission may, for the purposes of enabling it to discharge its functions under this Act, request an assigned legal representative to provide such information as may reasonably be required for the purposes referred to in section 203(7).

• (2) An assigned legal representative shall comply with a request of the Commission under subsection (1).

• (3) The Commission shall, for the purposes of subsection (1), on such terms and conditions as the Commission may determine, authorise such and so many suitable persons to request information from assigned legal representatives who provide legal representation to affected persons.

• (4) A person authorised under subsection (3) shall make a report of his or her findings and furnish that report to the Commission.

• (5) A person authorised by the Commission under subsection (3) shall be independent in the performance of his or her functions.

207. Regulations concerning legal aid

207. (1) The Commission, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, may make regulations providing for the grant by the Commission of legal aid to affected persons in accordance with this Chapter.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters in respect of the provision of legal aid under this Chapter:

• (a) the criteria which a legal representative must satisfy in order to demonstrate that he or she is suitably qualified to be placed by the Commission on a panel;

• (b) the reasons and circumstances in which a legal representative on a panel may be removed from the panel;

• (c) the procedures concerning the appeal of decisions by the Commission in cases where an affected person is refused legal aid under section 204 by the Commission;

• (d) the terms and conditions to apply to—

• (i) a legal representative on a panel, and

• (ii) an assigned legal representative;

• (e) the procedures concerning the assignment of a legal representative;

• (f) the form and manner in which written confirmations are to be provided under section 203(5);

• (g) the form and manner in which an application for legal aid is to be made under section 204;

• (h) the procedures to be followed by a legal representative following his or her assignment by the Commission to provide legal representation to an affected person;

• (i) the information to be provided to an affected person in respect of whom a legal representative is assigned;

• (j) the criteria for the authorisation by the Commission under section 206(3) of persons by the Commission for the purposes of that section;

• (k) the procedures to ensure that legal representation of a sufficiently high standard is provided by assigned legal representatives, including—

• (i) measures to ensure the protection of the privacy and interests of persons in receipt of legal aid, and

• (ii) duties of assigned legal representatives;

• (l) the procedures regarding the engagement of witnesses;

• (m) any other matter which the Commission considers appropriate.

PART 8 Amendment of Criminal Law (Insanity) Act 2006

208. Definition

208. In this Part, “Act of 2006” means the Criminal Law (Insanity) Act 2006.

209. Amendment of section 1 of Act of 2006

209. Section 1 of the Act of 2006 is amended—

• (a) by the deletion of the definitions of “the Act of 2001”, “approved medical officer” and “patient”,

• (b) by the substitution of the following definition for the definition of “clinical director”:

‘clinical director’ has the meaning assigned to it by the Act of 2026, and, where a consultant psychiatrist is duly authorised by a clinical director to perform his or her functions under this Act, the consultant psychiatrist shall, in relation to those functions, be deemed for the purposes of this Act, to be a clinical director,”,

and

• (c) by the insertion of the following definitions:

“ ‘Act of 2026’ means the Mental Health Act 2026;

‘consultant psychiatrist’ has the same meaning as it has in the Act of 2026;

‘criteria for involuntary admission’ shall be construed in accordance with the Act of 2026;

‘detained person’ means a person detained in a designated centre pursuant to this Act;”.

210. Amendment of section 3 of Act of 2006

210. Section 3 of the Act of 2006 is amended—

• (a) in subsection (2), by the deletion of “established under section 32 of the Act of 2001”,

• (b) in subsection (3), by the substitution of “Chapter 3 of Part 3 of the Act of 2026” for “Part 4 of the Act of 2001”, and

• (c) by the substitution of the following subsection for subsection (4):

• “(4) In this section, ‘psychiatric centre’ means a registered acute mental health centre (within the meaning of the Act of 2026) in which treatment is provided to persons for a mental disorder (within the meaning of that Act) that fulfils the criteria for involuntary admission.”.

211. Amendment of section 4 of Act of 2006

211. Section 4 of the Act of 2006 is amended—

• (a) in subsection (3)—

• (i) in paragraph (aa), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(b) Subject to subsections (7) and (8), where in a case to which paragraph (a) relates, the Court determines that an accused person is unfit to be tried, the Court shall adjourn the proceedings until further order, and may—

  • (i) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it that the accused person has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre, commit him or her to a specified designated centre until an order is made under section 13 or 13A, or

  • (ii) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it that the accused person has a mental disorder or has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of out-patient care or treatment in a designated centre, make such order as it thinks proper in relation to the accused person for out-patient treatment in a designated centre.”,

• (b) in subsection (5)—

• (i) in paragraph (bb), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and

• (ii) by the substitution of the following paragraph for paragraph (c):

• “(c) Subject to subsections (7) and (8), if the judge determines that the accused person is unfit to be tried, he or she shall adjourn the proceedings until further order, and may—

• (i) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it, that the accused person has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre, commit him or her to a specified designated centre until an order is made under section 13 or 13A, or

• (ii) if it is satisfied, having considered the evidence of a consultant psychiatrist adduced pursuant to subsection (6)(b) and any other evidence that may be adduced before it, that the accused person has a mental disorder or has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of out-patient care or treatment in a designated centre, make such order as it thinks proper in relation to the accused person for out-patient treatment in a designated centre.”,

and

• (c) in subsection (6)—

• (i) in paragraph (a), by the substitution of “a consultant psychiatrist” for “an approved medical officer” in both places that it occurs, and

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(b) Within the period authorised by the court under this subsection, the consultant psychiatrist who examined the accused person pursuant to subparagraph (ii) of paragraph (a) shall report to the court on whether or not in his or her opinion the accused person—

  • (i) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre, or

  • (ii) has a mental disorder or has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of out-patient care or treatment in a designated centre.”.

212. Amendment of section 5 of Act of 2006

212. Section 5 of the Act of 2006 is amended—

• (a) in subsection (1)(a), by the substitution of “had, at the time, a mental disorder” for “was suffering at the time from a mental disorder”,

• (b) in subsection (2), by the substitution of “has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission” for “is suffering from a mental disorder (within the meaning of the Act of 2001)”,

• (c) in subsection (3)—

• (i) by the substitution of the following paragraph for paragraph (a):

• “(a) For the purposes of subsection (2), if the court considers that an accused person found not guilty by reason of insanity pursuant to subsection (1) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and may be in need of in-patient care or treatment in a designated centre, the court may commit that person to a specified designated centre for a period of not more than 14 days and direct that during such period he or she be examined by a consultant psychiatrist at that centre.”,

• (ii) in paragraph (b), by the substitution of “a consultant psychiatrist” for “an approved medical officer”, and

• (iii) by the substitution of the following paragraph for paragraph (c):

• “(c) Within the period of committal authorised by the court under this subsection the consultant psychiatrist concerned shall report to the court on whether in his or her opinion the accused person committed under paragraph (a) has a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for involuntary admission and is in need of in-patient care or treatment in a designated centre.”,

and

• (d) in subsection (4), by the substitution of “had a mental disorder” for “was suffering from a mental disorder” in both places that it occurs.

213. Amendment of section 6 of Act of 2006

213. Section 6 of the Act of 2006 is amended, in subsection (1), by the substitution of the following paragraph for paragraph (b):

• “(b) had, at the time, a mental disorder, and”.

214. Amendment of section 8 of Act of 2006

214. Section 8 of the Act of 2006 is amended—

• (a) in subsection (1), by the substitution of the following paragraph for paragraph (b):

• “(b) that he or she did not, at the time when the act was committed, have a mental disorder of the nature referred to in section 5(1)(b);”,

• (b) in subsection (3), by the substitution of “that he or she did not have a mental disorder” for “that he or she was not suffering from a mental disorder”,

• (c) in subsection (5), by the substitution of “he or she had at the time that the offence alleged was committed, a mental disorder” for “he or she was at the time that the offence alleged was committed suffering from any mental disorder”,

• (d) in subsection (6)(b), by the substitution of “did not, at the time when the act was committed, have a mental disorder” for “was not, at the time when the act was committed, suffering from any mental disorder”,

• (e) in subsection (8), by the substitution of “he or she did not have a mental disorder” for “he or she was not suffering from any mental disorder”, and

• (f) in subsection (10), by the substitution of “is satisfied that the appellant at the time that the offence alleged was committed had a mental disorder” for “is satisfied that the appellant was at the time that the offence alleged was committed suffering from a mental disorder”.

215. Amendment of section 12 of Act of 2006

215. Section 12 of the Act of 2006 is amended—

• (a) by the substitution of “detained person” for “patient” in each place that it occurs, and

• (b) in subsection (6)(a), by the substitution of “detained persons” for “patients”.

216. Amendment of section 13 of Act of 2006

216. Section 13 of the Act of 2006 is amended by the substitution of “detained person” for “patient” in each place that it occurs.

217. Amendment of section 13A of Act of 2006

217. Section 13A of the Act of 2006 is amended by the substitution of “detained person” for “patient” in each place that it occurs.

218. Amendment of section 13B of Act of 2006

218. Section 13B of the Act of 2006 is amended, in subsection (10)—

• (a) by the substitution of the following paragraph for paragraph (b):

• “(b) the Board shall order that the detained person be brought before it as soon as may be for the purposes of reviewing his or her detention, and”,

and

• (b) in paragraph (c), by the substitution of “detained person” for “patient”.

219. Amendment of section 13C of Act of 2006

219. Section 13C of the Act of 2006 is amended by the substitution of the following subsection for subsection (3):

• “(3) In this section, ‘registered proprietor’ has the same meaning as it has in the Act of 2026.”.

220. Amendment of section 14 of Act of 2006

220. Section 14 of the Act of 2006 is amended—

• (a) in subsection (1), by the substitution of “detained person” for “patient”,

• (b) in subsection (2), by the substitution of “detained person” for “patient”,

• (c) in subsection (3), by the substitution of “person” for “patient” in each place that it occurs,

• (d) in subsection (4), by the substitution of “person” for “patient”,

• (e) in subsection (5), by the substitution of “person” for “patient”,

• (f) in subsection (6), by the substitution of “person” for “patient”,

• (g) in subsection (8), by the substitution of “detained person” for “patient” in each place that it occurs.

221. Amendment of section 15 of Act of 2006

221. Section 15 of the Act of 2006 is amended—

• (a) by the substitution of “has a mental disorder” for “is suffering from a mental disorder” in each place that it occurs, and

• (b) in subsection (9)(a), by the substitution of “a consultant psychiatrist” for “an approved medical officer”.

222. Amendment of section 16 of Act of 2006

222. Section 16 of the Act of 2006 is amended, in subsection (2), by the substitution of “Act of 2026” for “Act of 2001”.

223. Amendment of section 17 of Act of 2006

223. Section 17 of the Act of 2006 is amended, in subsection (3)(a), by the substitution of “has a mental disorder” for “is suffering from or continues to suffer from a mental disorder”.

224. Amendment of Schedule 1 to Act of 2006

224. Schedule 1 to the Act of 2006 is amended, in paragraph 1, by the substitution of “consultant psychiatrist” for “approved medical officer”.

PART 9 Amendment of Act Of 2015

225. Amendment of section 2 of Act of 2015

225. Section 2 of the Act of 2015 is amended, in subsection (1)—

• (a) by the deletion of the definition of “Act of 2001”, and

• (b) by the insertion of the following definition:

“ ‘Act of 2026’ means the Mental Health Act 2026;”.

226. Amendment of section 36 of Act of 2015

226. Section 36 of the Act of 2015 is amended, in subsection (4)—

• (a) in paragraph (j)(ii), by the substitution of “person,” for “person, and”, and

• (b) by the insertion of the following paragraph after paragraph (j):

• “(ja) a registered proprietor (within the meaning of the Act of 2026) for the purposes of Chapter 3 of Part 3 of that Act, and”.

227. Amendment of section 85 of Act of 2015

227. Section 85 of the Act of 2015 is amended by the substitution of the following subsection for subsection (7):

• “(7)

  • (a) Subject to paragraphs (b) and (c) and subsections (1) to (5), an advance healthcare directive shall, insofar as it is provided for by this Part, be complied with.

  • (b) Where, in relation to an advance healthcare directive, at the time when it is proposed to treat the directive-maker concerned—

    • (i) his or her treatment is regulated by Chapter 3 of Part 3 of the Act of 2026, or

    • (ii) he or she is the subject of a conditional discharge under section 13A of the Criminal Law (Insanity) Act 2006,

    the advance healthcare directive concerned shall be complied with in respect of the directive-maker concerned subject to paragraph (c) and subsections (1) to (5), and the provisions of Chapter 3 of Part 3 of the Act of 2026.

  • (c) Notwithstanding paragraph (b), where a refusal of treatment set out in an advance healthcare directive by a directive-maker relates to the treatment of a physical illness not related to the amelioration of a mental disorder of the directive maker, the refusal shall be complied with.”.

228. Amendment of section 98 of Act of 2015

228. Section 98 of the Act of 2015 is amended, in subsection (1), by the substitution of “Part 5 of the Act of 2026” for “Part 3 of the Act of 2001”.

229. Amendment of section 104 of Act of 2015

229. Section 104 of the Act of 2015 is amended—

• (a) by the deletion of the definition of “approved centre”,

• (b) in the definition of “clinical director”, by the substitution of “Act of 2026” for “Act of 2001”,

• (c) in the definition of “consultant psychiatrist”, by the substitution of “Act of 2026” for “Act of 2001”,

• (d) by the substitution of the following definition for the definition of “mental disorder”:

“ ‘mental disorder’, in relation to a person, means a mental disorder (within the meaning of the Act of 2026) that fulfils the criteria for the involuntary admission of that person in accordance with that Act;”,

and

• (e) by the insertion of the following definition:

“ ‘criteria for involuntary admission’ has the meaning assigned to it by section 2 of the Act of 2026.”.

230. Amendment of section 106 of Act of 2015

230. Section 106 of the Act of 2015 is amended by the substitution of “a person who lacks capacity has a mental disorder that fulfils the criteria for involuntary admission, the procedures provided for under the Act of 2026 shall be followed as respects any recommendation for involuntary admission of the person (within the meaning of the Act of 2026)” for “a person who lacks capacity is suffering from a mental disorder, the procedures provided for under the Act of 2001 shall be followed as respects any proposal to detain that person”.

231. Involuntarily admitted persons whose treatment is regulated by Chapter 3 of Part 3 of Act of 2026

231. The Act of 2015 is amended by the substitution of the following section for section 136:

“136. (1) Nothing in this Act authorises a person—

• (a) to give an involuntarily admitted person treatment for a mental disorder, or

• (b) to consent to an involuntarily admitted person being given treatment for a mental disorder,

if, at the time when it is proposed to treat the involuntarily admitted person, his or her treatment is regulated by Chapter 3 of Part 3 of the Act of 2026, unless the treatment concerned is authorised in accordance with Chapter 3 of Part 3 of the Act of 2026.

• (2) In this section, ‘mental disorder’, ‘involuntarily admitted person’ and ‘treatment’ have the same meaning as they have in the Act of 2026.”.

PART 10 Consequential Amendments to Other Acts

232. Amendment of Defence Act 1954

232. The Defence Act 1954 is amended—

• (a) in section 202—

• (i) in subsection (1)(b), by the substitution of “such person has a mental disorder (within the meaning of the Mental Health Act 2026) that fulfils the criteria for involuntary admission (within the meaning of that Act)” for “such person is suffering from a mental disorder (within the meaning of the Mental Health Act 2001)”, and

• (ii) by the substitution of “(6) In this section and section 203 ‘consultant psychiatrist’ has the same meaning as in the Mental Health Act 2026” for “(5) In this section and in section 203 ‘consultant psychiatrist’ has the same meaning as in the Mental Health Act 2001”,

and

• (b) in section 203(2), by the substitution of “has a mental disorder (within the meaning of the Mental Health Act 2026) that fulfils the criteria for involuntary admission (within the meaning of that Act)” for “is suffering from a mental disorder (within the meaning of the Mental Health Act 2001)”.

233. Amendment of Courts (Supplemental Provisions) Act 1961

233. Section 8C of the Courts (Supplemental Provisions) Act 1961 is amended, in subsection (2)—

• (a) in paragraph (k), by the deletion of “or”,

• (b) in paragraph (l), by the substitution of “2018, or” for “2018.”, and

• (c) by the insertion of the following paragraph after paragraph (l):

• “(m) Part 4 of the Mental Health Act 2026.”.

234. Amendment of Coroners Act 1962

234. (1) The Coroners Act 1962 is amended—

• (a) in section 2, in the definition of “State custody or detention”—

• (i) by the deletion of paragraph (d),

• (ii) by the insertion of the following paragraph after paragraph (d):

• “(da) involuntarily admitted under Part 3 or 4 of the Mental Health Act 2026 to a registered acute mental health centre (within the meaning of that Act);”,

and

• (b) in section 60(5), by the insertion of the following paragraph after paragraph (d):

• “(da) the deceased was, at the time of his or her death or immediately before his or her death, involuntarily admitted under Part 3 or 4 of the Mental Health Act 2026 to a registered acute mental health centre (within the meaning of that Act),”.

• (2) The amendments of the Coroners Act 1962 effected by subsection (1) shall not apply in relation to the death of a person that occurred before the commencement of this section.

235. Amendment of Act of 1991

235. The Act of 1991 is amended—

• (a) in section 12(3), after “in accordance with subsection (1),” by the insertion of “or where a request is made under section 73(15) of the Mental Health Act 2026,”,

• (b) in section 23F(2)(b)(ii), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”,

• (c) in section 23H(1)(c)(ii), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”,

• (d) in section 23J(1)(d)(ii), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”,

• (e) in section 23K(d)(ii), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”, and

• (f) in section 23L(1)(e)(ii), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”.

236. Amendment of Bail Act 1997

236. Section 9A of the Bail Act 1997 is amended, in subsection (7), by the substitution of the following definition for the definition of “mental disorder”:

“ ‘mental disorder’ means a mental disorder (within the meaning of section 2 of the Mental Health Act 2026) that—

• (a) in relation to an adult, fulfils the criteria for involuntary admission (within the meaning of that Act), or

• (b) in relation to a child, fulfils the criteria for involuntary admission of a child (within the meaning of that Act);”.

237. Amendment of Non-Fatal Offences against the Person Act 1997

237. Section 23 of the Non-Fatal Offences against the Person Act 1997 is amended—

• (a) in subsection (1), by the substitution of “surgical, medical, dental or mental health treatment” for “surgical, medical or dental treatment”, and

• (b) in subsection (2), by the substitution of “surgical, medical, dental or mental health treatment” for “surgical, medical or dental treatment”.

238. Amendment of Taxes Consolidation Act 1997

238. The Taxes Consolidation Act 1997 is amended—

• (a) in section 268—

• (i) in subsection (1C)—

• (I) by the substitution of “a registered acute mental health centre (within the meaning of section 2 of the Mental Health Act 2026)” for “a centre (within the meaning of section 62 of the Mental Health Act 2001)”, and

• (II) by the deletion of paragraph (a),

and

• (ii) in subsection (2A), in paragraph (f)(xv) of the definition of “qualifying hospital” by the substitution of “within the meaning of the Mental Health Act 2026” for “within the meaning of the Mental Health Act 2001”,

and

• (b) in section 1008A(1), in the definition of “relevant medical services”, by the substitution of the following paragraph for paragraph (j):

• “(j) the Mental Health Act 2026,”.

239. Amendment of Education Act 1998

239. The Education Act 1998 is amended, in section 60, by the substitution of the following definition for the definition of “school”:

“ ‘school’ means a recognised school other than a recognised school that is situated in a hospital or registered acute mental health centre (within the meaning of section 2 of the Mental Health Act 2026) which is specified in a list of such schools published by the Minister from time to time;”.

240. Amendment of Public Health (Tobacco) Act 2002

240. Section 47 of the Public Health (Tobacco) Act 2002 is amended—

• (a) in subsection (7), by the substitution of the following paragraph for paragraph (j):

• “(j) a registered acute mental health centre (within the meaning of section 2 of the Mental Health Act 2026), or”,

and

• (b) in subsection (8), by the deletion of the definition of “psychiatric hospital”.

241. Amendment of Health Act 2004

241. (1) The Health Act 2004 is amended—

• (a) in section 2(1), in the definition of “specialist community-based disability services”, by the substitution of “Mental Health Act 2026” for “Mental Health Acts 1945 to 2001”,

• (b) in section 55A, by the substitution of the following definition for the definition of “mental health services”:

“ ‘mental health services’ means mental health services within the meaning of the Mental Health Act 2026;”,

• (c) in section 55D—

• (i) by the substitution of “Chief Inspector (within the meaning of the Mental Health Act 2026)” for “Inspector of Mental Health Services”, and

• (ii) in paragraph (b)—

• (i) in subparagraph (i), by the substitution of “Mental Health Act 2026” for “Mental Health Acts 1945 to 2001”, and

• (II) in subparagraph (ii), by the substitution of “made under that Act” for “made under those Acts”,

• (d) in section 55G, by the substitution of the following paragraph for paragraph (c):

• “(c) the Chief Inspector (within the meaning of the Mental Health Act 2026) who is in the course of a visit, inspection or inquiry carried out in accordance with section 135 of that Act,”,

and

• (e) in Schedule 2A, by the substitution of “Chief Inspector (within the meaning of the Mental Health Act 2026)” for “Inspector of Mental Health Services”.

• (2) The amendments to the Health Act 2004 effected by subsection (1) shall not apply in relation to a protected disclosure under section 55D of that Act or a disclosure to the Inspector of Mental Health Services under section 55G of that Act regarding actions or omissions that occurred before the commencement of this section.

242. Amendment of Social Welfare Consolidation Act 2005

242. (1) The Social Welfare Consolidation Act 2005 is amended—

• (a) in section 86—

• (i) in subsection (1), by the substitution of “the Mental Health Act 2026” for “the Mental Health Acts 1945 to 2001”, and

• (ii) in subsection (2), by the substitution of “the Mental Health Act 2026” for “the Mental Health Acts 1945 to 2001”,

and

• (b) in section 249(1A), by the substitution of the following paragraph for paragraph (a):

• “(a) an involuntary admission order or renewal order made under the Mental Health Act 2026,”.

• (2)
• (a) The amendments to section 86 of the Social Welfare Consolidation Act 2005 effected by subsection (1)(a) shall not apply to medical care provided under the Mental Health Acts 1945 to 2001 before the date on which subsection (1)(a) comes into operation.

• (b) The amendment to section 249(1A) of the Social Welfare Consolidation Act 2005 effected by subsection (1)(b) shall not apply to an admission order or renewal order made under the Act of 2001 that continues in force after the date on which subsection (1)(b) comes into operation.

243. Amendment of Health Act 2007

243. The Health Act 2007 is amended—

• (a) in section 2(1), by the substitution of the following definition for the definition of “Mental Health Commission”:

“ ‘Mental Health Commission’ means the Mental Health Commission established by the Mental Health Act 2001 and continued in being under section 99 of the Mental Health Act 2026;”,

and

• (b) in section 8(1)(b)(i)(I), by the substitution of “Mental Health Act 2026” for “Mental Health Acts 1945 to 2009”.

244. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

244. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is amended—

• (a) in section 29(4)(a), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”, and

• (b) in section 107(c)(iv), by the substitution of “the Mental Health Act 2026” for “section 2(1) of the Mental Health Act 2001”.

245. Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012

245. The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended, in Schedule 1, Part 2, paragraph 1, by the substitution of the following subparagraph for subparagraph (d):

• “(d) a registered acute mental health centre within the meaning of the Mental Health Act 2026,”.

246. Amendment of Animal Health and Welfare Act 2013

246. The Animal Health and Welfare Act 2013 is amended, in section 61(1)(e), by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”.

247. Amendment of Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

247. Section 2(1) of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 is amended, in the definition of “clinical director”, by the substitution of “Mental Health Act 2026” for “Mental Health Act 2001”.

248. Amendment of Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

248. The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 is amended—

• (a) in section 2(1), by the substitution of the following definition for the definition of “Commission”:

“ ‘Commission’ has the meaning assigned to it by the Mental Health Act 2026;”,

and

• (b) in section 29—

• (i) in subsection (1), by the substitution of “a registered mental health service (within the meaning of the Mental Health Act 2026)” for “an approved centre”, and

• (ii) by the deletion of subsection (6).

249. Amendment of Family Courts Act 2024

249. The Family Courts Act 2024 is amended—

• (a) in section 2, in the definition of “family law proceedings”, by the insertion of the following paragraph after paragraph (z):

• “(za) Part 4 of the Mental Health Act 2026;”,

• (b) in section 24(2)—

• (i) in paragraph (j), by the deletion of “or”,

• (ii) in paragraph (k), by the substitution of “2018, or” for “2018.”, and

• (iii) by the insertion of the following paragraph after paragraph (k):

• “(l) Part 4 of the Mental Health Act 2026.”,

and

• (c) in section 39(2)—

• (i) in paragraph (d), by the deletion of “or”,

• (ii) in paragraph (e), by the substitution of “2018, or” for “2018.”, and

• (iii) by the insertion of the following paragraph after paragraph (e):

• “(f) Part 4 of the Mental Health Act 2026.”.

PART 11 Transitional Provisions

Chapter 1 Transitional provisions: Act of 2001

250. Interpretation

250. (1) In this Chapter—

“clinical director” includes, where the context so requires, a clinical director so deemed under section 263;

“registered acute mental health centre” includes, where the context so requires, a registered acute mental health centre so deemed under section 263;

“relevant order”, other than in sections 257, 258 and 259, means—

• (a) an admission order made under section 14 or 24 of the Act of 2001, or

• (b) a renewal order made under section 15 of the Act of 2001;

“tribunal” has the same meaning as it has in the Act of 2001.

• (2) For the purposes of this Chapter and to the extent only that this Chapter applies, references to a person include references to a patient within the meaning of the Act of 2001.

251. Transitional provisions: admission and renewal orders for adults

251. (1) Subject to sections 252(4) and 254(6), a relevant order in respect of a person that is in force immediately before the relevant date shall, subject to the modifications specified in subsection (2), continue in force on and after the relevant date, and accordingly the Act of 2001, as it stood immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), shall continue to have effect in respect of the person concerned until the earlier of—

• (a) the date an involuntary admission order is made under Part 3 in respect of the person the subject of the relevant order,

• (b) the date the person the subject of the relevant order is discharged following its revocation under section 18, 19 or 28 of the Act of 2001, or

• (c) the date of the expiration of the relevant order.

• (2) The modifications referred to in subsection (1) are—

• (a) subsections (3), (4), (6), (7) and (8) of section 8 shall apply in respect of the making of any decision relating to a person the subject of a relevant order that continues in force under subsection (1) as if that person were an applicable person (within the meaning of that section), and

• (b) Chapter 4 of Part 3 and section 192 shall, notwithstanding subsection (1), apply in respect of a person the subject of a relevant order as if that person were an involuntarily admitted person.

252. Transitional provisions: involuntarily admitted adults

252. (1) Subject to subsections (4) and (6), where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in section 261, a person is being detained in a registered acute mental health centre pursuant to a relevant order, the clinical director of the registered acute mental health centre concerned shall, on or after the relevant date, arrange for the person concerned to be examined by a consultant psychiatrist under section 21(1) as if the person concerned were the subject of a recommendation for involuntary admission.

• (2) Following an examination of a person referred to in subsection (1), the consultant psychiatrist—

• (a) shall, if satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, make an involuntary admission order for the reception, detention and care and treatment of the person under section 21(2)(a), or

• (b) if not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, shall—

• (i) refuse to make an involuntary admission order, and

• (ii) arrange, subject to the modifications specified in subsection (3), for the person to be discharged in accordance with section 28 of the Act of 2001.

• (3) In relation to each subsection of section 28 of the Act of 2001, the modifications referred to in subsection (2)(b)(ii) are—

• (a) in subsection (1), the consultant psychiatrist concerned shall, where not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, revoke the relevant order and discharge the person,

• (b) for the purpose of subsection (3)(b), the consultant psychiatrist shall notify the person concerned that he or she is entitled to have his or her detention reviewed by a tribunal in accordance with section 255, and

• (c) subsection (5) shall not apply to a person concerned, and any subsequent review or otherwise of his or her detention shall be in accordance with section 255.

• (4) A decision under subsection (2) to make or refuse to make an involuntary admission order shall be made as soon as may be after the relevant date, but not later than—

• (a) the date of the expiration of the relevant order for the person concerned, or

• (b) the date that falls 28 days after the relevant date,

whichever occurs sooner.

• (5) Where an involuntary admission order referred to in subsection (2)(a) is made in respect of a person referred to in subsection (1), the relevant order pursuant to which that person was previously detained shall immediately cease to have effect and be deemed to be revoked.

• (6) A reference, in subsection (1), to a person detained in a registered acute mental health centre pursuant to a relevant order immediately before the relevant date—

• (a) includes a person on a permitted leave of absence under section 26 of the Act of 2001,

• (b) subject to section 262, includes a person absent from that centre without permission under section 27 of the Act of 2001, and

• (c) does not include a person transferred to and detained in the Central Mental Hospital under section 21 of the Act of 2001.

253. Transitional provisions: involuntary admission processes in being

253. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a person is the subject of an application under section 9(1) or 12(2) of the Act of 2001 but the medical practitioner to whom the application is addressed has not decided whether to make a recommendation in respect of the person concerned under section 10 of that Act by immediately before the relevant date, the registered medical practitioner concerned shall, on or after the relevant date, treat the application as if it were a direct application for a recommendation for involuntary admission under section 14 and any subsequent involuntary admission (or otherwise) of the person concerned shall be determined in accordance with Part 3.

• (2) Where, before the relevant date, a person is the subject of a recommendation under section 10 of the Act of 2001 but an involuntary admission order has not yet been made or refused in respect of the person concerned under section 14(1)(a) or (b) of that Act by immediately before the relevant date, the clinical director to whom the recommendation is addressed shall, on or after the relevant date, treat the recommendation as if it were a recommendation for involuntary admission under section 15 and any subsequent involuntary admission (or otherwise) of the person concerned shall be determined in accordance with Part 3.

• (3) Where, before the relevant date, a person has been detained under section 23 of the Act of 2001 but a determination has not been made by immediately before the relevant date on whether the person concerned is to be—

• (a) the subject of an admission order under section 24(3) of that Act, or

• (b) discharged under subsection (1) or (2)(b) of section 24 of that Act,

the detention of that person shall, on or after the relevant date, be determined in accordance with section 37 subject to the modification that the steps in section 37 are required to be completed within 24 hours of the time the person is detained under section 23 of the Act of 2001, and any necessary additional modifications.

254. Transitional provisions: admission to Central Mental Hospital

254. (1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in subsection (8) or (9), a person is detained in the Central Mental Hospital under section 21 of the Act of 2001 pursuant to a relevant order, the clinical director of the Central Mental Hospital shall arrange for the person concerned to be examined by his or her responsible consultant under section 21(1) on or after the relevant date, as the case may be, as if the person concerned were the subject of a recommendation for involuntary admission.

• (2) Following an examination of a person referred to in subsection (1), the responsible consultant psychiatrist—

• (a) shall, if satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, make an involuntary admission order for the reception, detention and care and treatment of the person under section 21(2)(a), or

• (b) shall, if not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission—

• (i) refuse to make such an involuntary admission order, and

• (ii) arrange, subject to the modifications specified in subsection (3), for the person to be discharged in accordance with section 28 of the Act of 2001.

• (3) In relation to each subsection of section 28 of the Act of 2001, the modifications referred to in subsection (2)(b)(ii) are—

• (a) in subsection (1), the consultant psychiatrist concerned shall, where not satisfied that the person concerned has a mental disorder which fulfils the criteria for involuntary admission, revoke the relevant order and discharge the person,

• (b) for the purpose of subsection (3)(b), the consultant psychiatrist shall notify the person concerned that he or she is entitled to have his or her detention reviewed by a tribunal in accordance with section 255, and

• (c) subsection (5) of that section shall not apply to the person concerned, and any subsequent review or otherwise of his or her detention shall be in accordance with section 255.

• (4) Where an involuntary admission order referred to in subsection (2)(a) is made in respect of a person referred to in subsection (1), the clinical director of the Central Mental Hospital shall, at the same time, consider whether—

• (a) it would be for the benefit of the person to remain in the Central Mental Hospital, or

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

• (5) Where the clinical director of the Central Mental Hospital is of the opinion that paragraph (a) or (b) of subsection (4) applies, the involuntary admission order made under section 21(2)(a) in respect of a person referred to in subsection (1)—

• (a) shall be for the reception, detention and care and treatment of the person in the registered acute mental health centre from which the person was transferred under section 21 of the Act of 2001, and

• (b) shall be deemed to authorise the reception, detention and care and treatment of the person in the Central Mental Hospital.

• (6) A decision under subsection (2) shall be made and, as applicable, any considerations under subsection (4) shall be concluded as soon as may be after the relevant date, but not later than the date the relevant order for the person concerned expires or the date that falls 28 days after the relevant date, whichever occurs sooner.

• (7) Where an involuntary admission order is made in respect of a person referred to in subsection (1), the relevant order pursuant to which that person was previously detained shall immediately cease to have effect and be deemed to be revoked.

• (8) The clinical director of the Central Mental Hospital shall notify the clinical director of the registered acute mental health centre from which a person was transferred under section 21 of the Act of 2001 of—

• (a) the results of an examination referred to in subsection (1),

• (b) the decision referred to in subsection (2) to make an involuntary admission order or to discharge the person concerned, and

• (c) the outcome of considerations referred to in subsection (4).

• (9) Where, before the relevant date, a clinical director of a registered acute mental health centre has proposed to transfer a person to the Central Mental Hospital under paragraph (a) of section 21(2) of the Act of 2001 but the Commission has not referred the proposal to a tribunal under subsection (2)(b) of that section by immediately before the relevant date, the Commission shall, on and after the relevant date, treat the proposal as if it were made under section 35(1) for the purpose of subsection (4) of that section, and any subsequent transfer (or otherwise) of the person concerned shall be determined in accordance with Part 3.

• (10) Where, before the relevant date, the Commission has referred a proposal to transfer a person to the Central Mental Hospital to a tribunal under paragraph (a) of section 21(2) of the Act of 2001 but a tribunal has not by immediately before the relevant date reviewed the proposed transfer and determined whether to—

• (a) authorise the proposed transfer under section 21(2)(b)(i) of the Act of 2001, or

• (b) refuse to authorise the proposed transfer under section 21(2)(b)(ii) of that Act,

the referral to the tribunal shall lapse and the Commission shall, on and after the relevant date, treat the proposal to transfer the person concerned under paragraph (a) of section 21(2) of the Act of 2001 as if it were made under section 35(1) for the purpose of subsection (4) of that section, and any subsequent transfer (or otherwise) of the person concerned shall be determined in accordance with Part 3.

• (11) Subsections (13), (14) and (15) of section 35 shall apply to an admission to the Central Mental Hospital under this section with the modification that a reference to a registered acute mental health centre from which a person has been or was transferred shall be construed as a reference to the registered acute mental health centre from which the person admitted under this section was previously transferred under section 21 of the Act of 2001 and any other necessary modifications.

255. Transitional provisions: referral to and review by tribunal

255. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a relevant order has been made but the Commission has not received the relevant order under section 17 of the Act of 2001 by immediately before the relevant date, the Commission shall, on or after the relevant date, carry out the matters specified in subsection (1) of that section upon receipt of the relevant order.

• (2) Where, before the relevant date, the Commission has received—

• (a) a copy of a relevant order under section 17 of the Act of 2001,

• (b) an application referred to in section 15(3)(b) of the Act of 2001, or

• (c) a notice referred to in section 28(5) of the Act of 2001,

but has not carried out the matters specified in section 17(1) of the Act of 2001 by immediately before the relevant date, the Commission shall, on or after the relevant date, carry out the matters specified in that subsection.

• (3) Where, immediately before the relevant date—

• (a) a person has been discharged under section 28 of the Act of 2001,

• (b) he or she has not made a request to the Commission for a review of his or her detention in accordance with section 28(5) of the Act of 2001, and

• (c) the period allowed under section 28(5) of the Act of 2001 for making a request referred to in paragraph (b) has not yet expired,

the person may, on or after the relevant date but before the expiration of the period referred to in paragraph (c), make a request to the Commission in accordance with section 28(5) of the Act of 2001 for a review of his or her detention and, where he or she does so, the Commission shall, on or after the relevant date, carry out the matters specified in section 17(1) of that Act.

• (4) Where the Commission carries out the matters specified in section 17(1) of the Act of 2001 pursuant to subsection (1), (2) or (3), a tribunal shall proceed in accordance with sections 17 and 18 of the Act of 2001 and, where the relevant order is affirmed, that decision may be appealed to the Circuit Court in accordance with section 19 of that Act.

• (5) Where, before the relevant date, the Commission has referred—

• (a) the making of a relevant order,

• (b) an application referred to in section 15(3)(b) of the Act of 2001, or

• (c) a notice referred to in section 28(5) of the Act of 2001,

to a tribunal under section 17(1) of the Act of 2001 but such tribunal has not by immediately before the relevant date reviewed the detention of the person concerned under section 18 of that Act, the tribunal shall, on or after the relevant date, carry out the review of the relevant order concerned in accordance with section 18 of that Act and, where the relevant order is affirmed, that decision may be appealed to the Circuit Court in accordance with section 19 of that Act.