MENTAL HEALTH ACT 2026

• (6) Where, before the relevant date, an appeal has been made under section 19 of the Act of 2001 against a decision to affirm a relevant order under section 18 of that Act but the Circuit Court has not, by immediately before the relevant date, determined the appeal, the appeal shall, on or after the relevant date, be determined in accordance with that Act.

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

• (a) a decision to affirm a relevant order under section 18 of the Act of 2001 has been made,

• (b) the person the subject of the relevant order has not appealed the decision under section 19 of that Act, and

• (c) the period of time allowed under section 19(2) of the Act of 2001 for bringing an appeal referred to in paragraph (b) has not expired,

the person the subject of the relevant order concerned may, on or after the relevant date but before the expiration of the period of time referred to in paragraph (c), appeal the decision to the Circuit Court under section 19 of that Act and, where he or she does so, the appeal shall be determined by the Circuit Court in accordance with that Act.

• (8) Where a relevant order is deemed to be revoked under section 252(5) or 254(7) or revoked by a consultant psychiatrist due to a discharge under section 252(3)(a) or 254(3)(a) before a tribunal referred to in subsection (4) or (5) completes its review in respect of the relevant order under section 18 of the Act of 2001, the review by the tribunal shall not be completed unless the person or his or her legal representative notifies the Commission, as soon as practicable but not later than the time and date scheduled for the review, that the person concerned wishes the review to be completed in accordance with the Act of 2001.

• (9) Where a person requests that a review referred to in subsection (8) be completed, the tribunal shall, notwithstanding that the person concerned is no longer being detained pursuant to the relevant order the subject of the review, on or after the relevant date, determine the review in accordance with the Act of 2001 with any necessary modifications.

• (10) A person who is a member of a panel of consultant psychiatrists referred to in section 33(3)(b) of the Act of 2001 immediately before the relevant date shall, on and after the relevant date, continue as a member of that panel and be subject to the Act of 2001 as it stood immediately before the relevant date until the date of the determination of the final matter referred to a tribunal, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001, under subsection (4), (5), (6), (7) or (9).

• (11) The functions standing vested in a member of a panel of consultant psychiatrists referred to in section 33(3)(b) of the Act of 2001 immediately before the relevant date shall, in relation to a matter referred to in subsection (10), continue to be performable on and after the relevant date by such a person.

256. Transitional provision: membership of tribunals

256. (1) Subject to subsection (4)—

• (a) a person who is, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), a member of a tribunal referred to in section 48(3)(a) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the consultant psychiatrist review panel,

• (b) a person who is, immediately before the relevant date, a member of a tribunal referred to in section 48(3)(b) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the legal practitioners review panel, and

• (c) a person who is, immediately before the relevant date, a member of a tribunal referred to in section 48(3)(c) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the community review panel.

• (2) A person appointed under subsection (1) shall be so appointed for a period equal to the unexpired period for which he or she was appointed as a member of the tribunal, on the same conditions (including those relating to termination of appointment) as the Commission determined when appointing him or her under section 48(6) of the Act of 2001.

• (3) The period served by a person referred to in subsection (1) as a member of a tribunal immediately before the relevant date and the period for which he or she is appointed under subsection (2) shall be regarded as one period of office for the purposes of section 26(7).

• (4) A person who is a member of a tribunal immediately before the relevant date shall, on and after the relevant date, continue as a member of that tribunal and be subject to the Act of 2001 as it stood immediately before the relevant date until the date on which any of the following occurs:

• (a) the determination of the final matter referred to that tribunal under—

• (i) section 17 or 21 of the Act of 2001, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001, or

• (ii) section 255, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001;

• (b) he or she ceases to hold office under section 48(7), (9) or (10) of the Act of 2001;

• (c) his or her period of membership expires,

whichever is soonest.

• (5) The functions standing vested in a member of a tribunal immediately before the relevant date shall, in relation to a matter referred to in subsection (4)(a), continue to be performable on and after the relevant date by such a person.

• (6) In this section—

“community review panel” has the meaning given to it in section 26(2)(c);

“consultant psychiatrist review panel” has the meaning given to it in section 26(2)(a);

“legal practitioners review panel” has the meaning given to it in section 26(2)(b);

“panel establishment date” means the date that the Commission establishes the community review panel, the consultant psychiatrist review panel and the legal practitioners review panel under section 26(1).

257. Transitional provisions: admission and renewal orders for children

257. (1) Subject to section 258, a relevant order in respect of a child that is in force immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) shall, subject to the modifications in subsection (2), continue in force on and after the relevant date and accordingly the Act of 2001 as it stood immediately before the relevant date shall continue to have effect in respect of the child until the earlier of—

• (a) the date the child the subject of the relevant order is admitted under section 62, 63, 64 or 66 following the commencement of the process specified in section 258(1), or

• (b) the date the relevant order is revoked and the child is discharged by the Family District Court or the District Court, as the case may be, under section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001) following an application under section 258(2)(b).

• (2) The modifications referred to in subsection (1) are that the following provisions shall apply in respect of a relevant order that continues in force under subsection (1) as if the child the subject of the relevant order concerned were an involuntarily admitted child (and any other necessary modifications):

• (a) paragraphs (a), (b), (d), (e), (f) and (g) of subsection (1) and subsections (2) and (3) of section 9;

• (b) Chapter 4 of Part 4;

• (c) section 193.

• (3) In this section and sections 258 and 259, “relevant order” means—

• (a) an order authorising the detention of the child in an approved centre made under section 25(6) of the Act of 2001, or

• (b) an extension of an order referred to in paragraph (a) made under subsections (9) or (10) of section 25 of the Act of 2001.

258. Transitional provisions: involuntarily admitted children

258. (1) Subject to subsection (3) 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 child 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—

• (a) arrange for the child concerned to be examined by a consultant psychiatrist under section 66(1), and

• (b) furnish the results of that examination to the Executive.

• (2) The Executive, having considered the results of an examination under section 66(1) referred to in subsection (1)—

• (a) shall arrange for the child to be admitted, with the agreement of the responsible consultant psychiatrist and the consent of the child or, as the case may be, his or her parents or guardian or the Agency—

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

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

or

• (b) shall make an application to the Family District Court or the District Court, as the case may be—

• (i) for an order authorising the reception, detention and care and treatment of the child in a registered acute mental health centre under section 66, or

• (ii) for the child to be discharged in accordance with section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001).

• (3) An admission referred to in subsection (2)(a) or an application referred to in subsection (2)(b) in respect of a child the subject of a relevant order shall be made as soon as may be after the relevant date, but not later than the date the relevant order for the child concerned expires or the date that falls 28 days after the relevant date, whichever occurs sooner.

• (4) Where a child referred to in subsection (1) is admitted to a registered acute mental health centre under section 62, 63, 64 or 66 or discharged in accordance with section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001), the relevant order pursuant to which the child was previously detained shall immediately cease to have effect.

• (5) Where a child referred to in subsection (1) is admitted to a registered acute mental health centre under section 62, 63 or 64, the Executive shall notify the Family District Court or District Court, as the case may be, as soon as may be that the child is no longer being detained pursuant to a relevant order.

• (6) In this section, references to a child being detained in a registered acute mental health centre pursuant to a relevant order includes—

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

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

• (c) a child being detained in that centre following a transfer referred to in section 261.

259. Transitional provisions: involuntary admission of children processes in being

259. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), an application in respect of a child has been made under section 25(1) of the Act of 2001 but the District Court has not determined whether to make or refuse to make an admission order under that section by immediately before the relevant date, the Family District Court or District Court, as the case may be, shall, on or after the relevant date, determine whether or not the child should be admitted to a registered acute mental health centre in accordance with Part 4 subject to any necessary modifications.

• (2) Where, before the relevant date, an appeal has been brought to the Circuit Court under section 28 of the Act of 1991 (as applied by section 25 of the Act of 2001) in respect of a relevant order but the Circuit Court has not determined the appeal by immediately before the relevant date, the appeal shall be determined, on or after the relevant date, in accordance with those Acts and where a relevant order is affirmed, those Acts, subject to sections 257 and 258, shall apply accordingly.

260. Transitional provisions: voluntarily admitted children

260. (1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), a child is being treated in a registered acute mental health centre as a voluntary patient (within the meaning of the Act of 2001), his or her responsible consultant psychiatrist shall, as soon as may be but not later than 28 days after the relevant date, carry out an examination of the child.

• (2) After carrying out an examination under subsection (1), the responsible consultant psychiatrist shall—

• (a) arrange for the child—

• (i) to be admitted, with the agreement of the responsible consultant psychiatrist, and with the consent of the child or, as the case may be, his or her parents or guardian or the Agency—

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

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

or

• (ii) to be discharged from the registered acute mental health centre,

or

• (b) where the results of the examination recommend the making of an application for involuntary admission, furnish the results of the examination to the Executive as soon as may be for the purpose of making an application for an involuntary admission order under section 66.

• (3) Where the results of the examination under subsection (1) recommend the making of an application for involuntary admission, that examination shall be deemed to be an examination for the purpose of section 66(1) if—

• (a) the examination was carried out within a period of not more than 72 hours before the making of the application under section 66(3), and

• (b) a report of the results of the examination is furnished to the District Court or the Family District Court, as the case may be, by the Executive upon the making of the application.

• (4) Where, before the relevant date, a child has been detained under section 23(2) of the Act of 2001 but an application under section 25(1) of that Act has not been made by immediately before the relevant date, any admission of the child shall be determined on or after the relevant date in accordance with section 71 as if the child were detained under that section subject to the modification that the period of 24 hours referred to in section 71(1) shall be deemed to have begun at the time the person was detained under section 23 of the Act of 2001.

261. Transitional provisions: transfers of persons

261. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), a clinical director of a registered acute mental health centre has received an application under section 20 of the Act of 2001 for a transfer of a person to another registered acute mental health centre (in this section referred to as the “second-mentioned registered acute mental health centre”) but has not considered the application by immediately before the relevant date, the clinical director may, on or after the relevant date, consider and determine the application and, if he or she so thinks fit—

• (a) refuse the application, or

• (b) arrange for the transfer of the person to the second-mentioned registered acute mental health centre in accordance with that section and for the person to be detained accordingly in the second-mentioned registered acute mental health centre with the consent of the clinical director of that centre.

• (2) Where, before the relevant date, a clinical director of a registered acute mental health centre has arranged for the transfer of a person to another registered acute mental health centre (other than the Central Mental Hospital) under section 21(1) of the Act of 2001 but the transfer has not taken place by immediately before the relevant date, the clinical director may—

• (a) refuse the transfer, or

• (b) arrange for the transfer to take place on or after the relevant date in accordance with that section and for the person to be detained accordingly in the other registered acute mental health centre concerned.

262. Transitional provisions: absence with and without leave

262. (1) Where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), permission for a period of absence granted to a person under section 26(1) of the Act of 2001 is in force, the grant of such permission shall, on and after the relevant date, continue in force and accordingly that Act as it stood immediately before the relevant date shall continue to have effect in respect of the person until the date of the period specified in the permission expires, unless that permission is sooner withdrawn under subsection (2).

• (2) Where, immediately before the relevant date, a person is absent from a registered acute mental health centre pursuant to a permission granted under section 26(1) of the Act of 2001, the responsible consultant psychiatrist for the person concerned shall, on or after the relevant date, withdraw the permission and direct the person to return to the registered acute mental health centre for the purpose of an examination referred to in section 252(1) or 258(1), as the case may be.

• (3) Where, immediately before the relevant date, following a withdrawal of permission under subsection (2), or on or after the relevant date, a person in respect of whom a relevant order or a relevant order within the meaning of section 257 is in force—

• (a) is absent from a registered acute mental health centre without permission granted under section 26(1) of the Act of 2001, or

• (b) fails to return to the registered acute mental health centre in accordance with any direction given under section 26 of the Act of 2001 or subsection (2),

the clinical director of the registered acute mental health centre concerned may arrange for the person to be brought back to the centre in accordance with section 27 of the Act of 2001.

Chapter 2 Registration of services

263. Transitional provision: registration of services, general

263. (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 determination under section 264(1)(a), an approved centre within the meaning of the Act of 2001 (in this section referred to as an “approved centre”) is registered by the Commission under section 64 of the Act of 2001, the approved centre shall be deemed, on the relevant date or on the date of such a determination under section 264(1)(a), to be registered as a registered acute mental health centre and shall be entered by the Commission, on or after the relevant date, in the Register of acute mental health centres under section 146.

• (2) The duration of a registration of an approved centre deemed to be a registered acute mental health centre in accordance with subsection (1) shall begin on either of the dates referred to in subsection (1) as applies in relation to the centre and end on the date the period of the registration of that approved centre under section 64 of the Act of 2001 expires.

• (3) Where, immediately before the relevant date, a certificate of registration in respect of an approved centre under section 64 of the Act of 2001 is in force, that certificate of registration shall, on the relevant date, be deemed to be a certificate of registration under section 153 for the duration of the unexpired period of the registration referred to in subsection (2).

• (4) The Commission shall, on or after the relevant date, include a registered proprietor of an approved centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) as the registered proprietor of the registered acute mental health centre concerned in the Register of acute mental health centres.

• (5) The clinical director of an approved centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) shall be deemed, on the relevant date, to be the clinical director of the registered acute mental health centre.

• (6) The registered proprietor of an approved centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) shall, as soon as may be and not later than 3 months after the relevant date, nominate a person to be the registered person in accordance with section 170(2), subject to the modification that the nominated person shall not be replacing a person named under section 170(1).

• (7) A registered proprietor of a registered acute mental health centre that is deemed to be a registered acute mental health centre in accordance with subsection (1) shall comply with this Act and any regulations made thereunder from the relevant date.

264. Transitional provision: registration of services

264. (1) Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), an application has been made for registration of an approved centre within the meaning of the Act of 2001 (in this section referred to as an “approved centre”) under section 64 of the Act of 2001 but has not been determined by immediately before the relevant date, the application shall, on or after the relevant date, be determined in accordance with that Act and—

• (a) where a certificate of registration is issued pursuant to that application under section 64 of that Act, section 263 shall apply accordingly, and

• (b) where a decision is made under section 64 of that Act to refuse to register the approved centre concerned, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached to the registration of the centre, that decision may be appealed to the District Court in accordance with section 65 of that Act subject to any necessary modifications.

• (2) Where, before the relevant date, an appeal has been made under section 65 of the Act of 2001 against a decision under section 64 of that Act—

• (a) to refuse to register an approved centre,

• (b) to remove the centre from the register or to attach a condition, or

• (c) to amend or revoke a condition attached to the registration of the centre,

but the District Court has not determined the appeal by immediately before the relevant date, the appeal shall, on and after the relevant date, be determined in accordance with that Act with any necessary modifications.

• (3) Where, immediately before the relevant date, an appeal under section 65 of the Act of 2001 has not been made but, on that date, the period allowed for bringing an appeal under that section has not yet expired, a registered proprietor or, as the case may be, a person intending to be a registered proprietor of an approved centre may, on or after that date, and within the period allowed for bringing the appeal, bring an appeal to the Family District Court under section 65 of the Act of 2001 and where he or she does so, the appeal shall be determined in accordance with that Act subject to any necessary modifications.

265. Transitional provision: register of approved centres

265. (1) Subject to subsection (2), the Commission may retain the information contained in the register of approved centres maintained under section 64 of the Act of 2001 for the purposes of performing its functions under Part 6 in respect of an acute mental health centre deemed to be a registered acute mental health centre in accordance with section 263.

• (2) The Commission may retain the information referred to in subsection (1) for a period of 4 years commencing on the date on which this section comes into operation.

266. Transitional provision: Inspector of Mental Health Services

266. Where, before the date on which this section comes into operation (in this section referred to as the “relevant date”), the Inspector (within the meaning of section 50 of the Act of 2001) or an Assistant Inspector (within the meaning of section 54 of the Act of 2001) has commenced a matter under the Act of 2001 but has not completed it by immediately before the relevant date, that matter may be carried on and completed on or after the relevant date by the Inspector or the Assistant Inspector in accordance with that Act.

Chapter 3 Miscellaneous

267. Transitional provision: Service arrangements

267. An arrangement entered into under section 71A of the Act of 2001 that was for the time being in force immediately before the commencement of section 19 shall remain in force and have effect on or after the date of the commencement of section 19 as if that section had not been enacted.

268. Transitional provision: Superannuation schemes

268. A superannuation scheme made under section 40 of the Act of 2001 that was in force immediately before the commencement of section 118 or 119, as the case may be, shall—

• (a) remain in force and have effect on or after the commencement of section 118 or 119, as the case may be, as if the scheme concerned had been made under section 118 or 119, as the case may be, and

• (b) be construed as if references to a member of the staff of the Commission included references to a member of the staff of the Commission as established under the Act of 2001.

Footnotes