|
|
Inquiries.
|
277.—(1) The Minister may cause to be held, by the Inspector of Mental Hospitals, or one or more of the other inspectors of the Minister or the Inspector of Mental Hospitals in conjunction with one or more of the other inspectors of the Minister, an inquiry into—
|
|
| |
(a) any complaint relating to—
|
|
| |
(i) the administration of any mental institution, or
|
|
| |
(ii) negligence of any officer or servant employed in a mental institution in the discharge of his duties or failure by him to discharge his duties, or
|
|
| |
(iii) misconduct of any officer or servant employed in a mental institution, and
|
|
| |
(b) any matter relating to a mental institution in respect of which an inquiry is appropriate in accordance with the provisions of this Act or any other enactment.
|
|
| |
(2) Where the Minister causes an inquiry to be held under this section in relation to a district mental hospital or any other institution maintained by a mental hospital authority, the costs incurred in relation to the inquiry shall be certified by the Minister and the certificate shall direct the payment of the costs to the Minister—
|
|
| |
(a) where not more than one mental hospital authority is concerned in the inquiry—by that authority,
|
|
| |
(b) where two or more mental hospital authorities are concerned in the inquiry—by (according as may be specified in the certificate) all or one or more of those authorities.
|
|
| |
(3) A certificate under this section which directs the payment of the costs of an inquiry by two or more mental hospital authorities shall specify the proportion of the costs which shall be paid by each of those authorities.
|
|
| |
(4) Where a mental hospital authority fails to pay a sum directed to be paid by a certificate under this section, such sum may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or may be deducted in whole or in part from any moneys payable by any Minister of State for any purpose whatsoever to such authority.
|
|
| |
(5) The power to deduct under sub-section (4) of this section from moneys payable to a mental hospital authority shall be subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.
|
|
| |
(6) Where the Minister causes an inquiry to be held under this section in relation to an institution not maintained by a mental hospital authority, he may, if he so thinks fit, by order direct that a sum (to be specified in the order) in respect of either the whole or part (as he considers reasonable) of the costs incurred in relation to the inquiry shall be paid to the Minister by the person (to be specified in the order) appearing to the Minister to carry on the institution, and such sum shall be paid accordingly to the Minister by that person and, in default of being so paid, shall be recoverable as a simple contract debt, in any court of competent jurisdiction.
|
|
| |
(7) For the purposes of this section, the costs incurred in relation to an inquiry shall include a reasonable charge for the services (including travelling and subsistence expenses) of the Inspector of Mental Hospitals or any other inspector or officer of the Minister engaged in the inquiry and also the necessary expenses of witnesses.
|
