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Admission of persons as private patients to mental institution maintained by mental hospital authority.
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109.—(1) A mental hospital authority may, if they so think proper, make regulations in relation to any particular institution maintained by them authorising and regulating, subject to the provisions of this Act and of every other enactment, either or both of the following matters:—
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(a) the admission of persons as private patients to the institution and their accommodation therein,
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(b) the affording to persons as private patients of advice or treatment in the institution.
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(2) Where a mental hospital authority make regulations under sub-section (1) of this section, they shall submit the regulations to the Minister for his approval and the regulations may be approved of by the Minister (if he thinks proper so to do) either with or without modification and shall come into operation if and when and as so approved of.
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(3) The Minister may at any time require a mental hospital authority to make and submit regulations (including amending regulations) under sub-section (1) of this section in respect of any particular institution maintained by them, and, if they do not make and submit such regulations within three months after being required by the Minister so to do or if they make and submit in pursuance of such requisition regulations which the Minister refuses to approve of, the Minister, if he so thinks proper, may himself make the regulations mentioned in such requisition and may therein appoint the day on which they shall come into operation.
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(4) Regulations made under this section in relation to an institution—
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(a) shall contain provisions in regard to the payment to be made, by or in respect of the persons admitted as private patients to the institution, to the mental hospital authority maintaining the institution for the accommodation, advice, or treatment received by such persons in the institution, and regulating the amount of such payments,
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(b) shall provide that no person shall be admitted as a private patient to the institution unless there is available for him in the institution at the time of his admission thereto accommodation not required for persons who are receivable in the institution as chargeable patients.
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(5) No person shall be admitted to or accommodated, advised, or treated in an institution maintained by a mental hospital authority as a private patient unless regulations made under this section are in operation in respect of such institution, and no person shall be admitted to or accommodated, advised, or treated in such institution as a private patient otherwise than in accordance with such regulations.
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(6) A registered medical practitioner in the service of a mental hospital authority maintaining an institution shall not demand or take from a person admitted to or advised or treated in the institution as a private patient under regulations made under this section any payment in respect of advice or treatment afforded by the practitioner to such person in the institution.
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(7) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 194.0 and 1942.
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