Mental Treatment Act, 1961

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Number 7 of 1961.

MENTAL TREATMENT ACT, 1961.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE

Amendments of Local Government (Superannuation) act, 1956.

SECOND SCHEDULE

Enactments Repealed

Number 7 of 1961.

MENTAL TREATMENT ACT, 1961.

AN ACT TO AMEND AND EXTEND THE MENTAL TREATMENT ACTS, 1945 TO 1958. [28th March, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Interpretation.

1.—(1) In this Act “the Principal Act” means the Mental Treatment Act, 1945 .

(2) The Mental Treatment Acts, 1945 to 1958, and this Act shall be construed together as one Act.

Amendment of section 108 of Principal Act.

2.—The following sentence is hereby added to subsection (1) of section 108 of the Principal Act: “Where a patient in a district mental hospital or other institution maintained by a mental hospital authority, having been received therein otherwise than as a chargeable patient, becomes a chargeable patient, such authority shall, if another mental hospital authority are the mental hospital authority for the mental hospital district in which such person ordinarily resides, give notice of his having become a chargeable patient to the other mental hospital authority.”

Insertion of section after section 109 of Principal Act.

3.—The following section is hereby inserted after section 109 of the Principal Act:

“109A. The Minister may by regulations authorise and regulate the making by all or one or more mental hospital authorities of payments to patients in respect of work done.”

Amendment of section 128 of Principal Act.

4.—The following sentence is hereby added to section 128 of the Principal Act: “In the case of a private institution which is an approved institution, temporary patients and voluntary patients shall, when any enumeration of persons is being made for the purposes of this section, be included in the reckoning.”

Amendment of section 150 of Principal Act.

5.—The following sentence is hereby added to section 150 of the Principal Act: “In the case of a private charitable institution which is an approved institution, temporary patients and voluntary patients shall, when any enumeration of persons is being made for the purposes of this section, be included in the reckoning.”

Amendment of section 162 of Principal Act.

6.—(1) In subsection (1) of section 162 of the Principal Act “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital” and “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to such person)” is hereby substituted for “the authorised medical officer”.

(2) The following subsection is hereby added to section 162 of the Principal Act:

“(6) A registered medical practitioner shall, for the purposes of this section; be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

Amendment of section 163 of Principal Act.

7.—(1) The following subsection is hereby substituted for subsection (1) of section 163 of the Principal Act:

“(1) Where application is made for a recommendation for reception—

(a) in case the registered medical practitioner to whom the application is made has visited and examined the person to whom the application relates within twenty-four hours before receipt of the application, either—

(i) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, he shall make the recommendation in the prescribed form, or

(ii) in any other case, he shall refuse the application,

(b) in any other case—

(i) the registered medical practitioner to whom the application is made may (or, if he is the authorised medical officer, shall) within twenty-four hours after receipt of the application visit and examine the person to whom the application relates, and

(ii) after such examination, either—

(I) if he is satisfied that it is proper to make the recommendation and is of opinion that the person to whom the application relates will, if received, be a chargeable patient, he shall make the recommendation in the prescribed form, or

(II) in any other case, he shall refuse the application.”

(2) In paragraph (a) of subsection (2) of section 163 of the Principal Act “registered medical practitioner” is hereby substituted for “authorised medical officer” and “either, in case the examination was made before the date of receipt of the application for the recommendation, on the date of such receipt or, in any other case,” is hereby inserted before “on the date of such examination”.

(3) In paragraph (c) of subsection (2) of section 163 of the Principal Act “registered medical practitioner” is hereby substituted for “authorised medical officer”.

Amendment of section 164 of Principal Act.

8.—In subsection (1) of section 164 of the Principal Act “registered medical practitioner to whom the application is made” is hereby substituted for “authorised medical officer”.

Amendment of section 165 of Principal Act.

9.—(1) The following sentence is hereby added to subsection (1) of section 165 of the Principal Act: “The member of the Garda Síochána shall, for the purposes of this section, have a right of entry into any house or other premises provided that he has reasonable grounds for believing that the person believed to be of unsound mind is for the time being therein”.

(2) In subsection (2) of section 165 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person)” is hereby substituted for “the authorised medical officer” and “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital”.

(3) In subsection (3) of section 165 of the Principal Act “a registered medical practitioner for a recommendation for reception, such practitioner may (or, if he is the authorised medical officer, shall)” is hereby substituted for “the authorised medical officer for a recommendation for reception, such officer shall”.

(4) The following subsection is hereby added to section 165 of the Principal Act:

“(5) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

Amendment of section 166 of Principal Act.

10.—(1) In subsection (1) of section 166 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person believed to be of unsound mind)” is hereby substituted for “the authorised medical officer” and “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital”.

(2) In subsection (2) of section 166 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person) ” is hereby substituted for “the authorised medical officer”.

(3) In subsection (3) of section 166 of the Principal Act “registered medical practitioner to whom the application is made may (or, if he is the authorised medical officer, shall) ” is hereby substituted for “authorised medical officer shall”.

(4) In subsection (4) of section 166 of the Principal Act “a registered medical practitioner” is hereby substituted for “the authorised medical officer”.

(5) The following subsection is hereby added to section 166 of the Principal Act.

“(5) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, stepfather or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

Amendment of section 167 of Principal Act.

11.—In subsection (3) of section 167 of the Principal Act “registered medical practitioner who made the recommendation” is hereby substituted for “authorised medical officer”.

Amendment of section 169 of Principal Act.

12.—Section 169 of the Principal Act is hereby amended by the substitution of “a registered medical practitioner” for “the authorised medical officer” and the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) the person to whom the certificate is issued may present it to the member of the Garda Síochána in charge of any Garda Síochána station,

(b) thereupon that member shall—

(i) request the resident medical superintendent of the district mental hospital mentioned in the recommendation to arrange for an escort, or

(ii) himself arrange for such escort as, in his opinion, is necessary,

(c) if a request as aforesaid is made—

(i) the resident medical superintendent may, in his discretion, arrange for such escort as, in his opinion, is necessary,

(ii) where the resident medical superintendent indicates that he does not intend to arrange for an escort, the member of the Garda Síochána shall himself arrange for such escort as, in his opinion, is necessary.”

Amendment of section 171 of Principal Act.

13.—The following subsection is hereby added to section 171 of the Principal Act:

“(3) (a) Where, the resident medical superintendent of a district mental hospital or another medical officer acting on his behalf having purported to make pursuant to paragraph (a) of subsection (1) of this section a chargeable patient reception order, it is ascertained that the person removed to the hospital was not ordinarily resident at a material time in the appropriate mental hospital district, both the order and the recommendation by reference to which the order was made shall be as valid for all purposes as if such person had been ordinarily resident at that time in that district.

(b) Where, the resident medical superintendent of a district mental hospital or another medical officer of the hospital acting on his behalf having purported to refuse pursuant to paragraph (b) of subsection (1) of this section to make a chargeable patient reception order, it is ascertained that the person removed to the hospital was not ordinarily resident at a material time in the appropriate mental hospital district, the recommendation for reception on which such person was so removed shall be as valid for all purposes as if he had been ordinarily resident at that time in that district.”

Amendment of section 176 of Principal Act.

14.—In both paragraph (a) and paragraph (b) of section 176 of the Principal Act “a” is hereby substituted for “the” where the latter word occurs before “district mental hospital”.

Amendment of section 178 of Principal Act.

15.—The following paragraph is hereby inserted after paragraph (a) of subsection (2) of section 178 of the Principal Act :

“(aa) neither of the registered medical practitioners signing the order shall be the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of the other of them ;”

Amendment of section 184 of Principal Act.

16.—(1) The following subsection is hereby inserted after subsection (3) of section 184 of the Principal Act:

“(3A) An application under this section shall not be made unless the applicant is at least twenty-one years of age.”

(2) In subsection (4) of section 184 of the Principal Act “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person to whom the application relates)” is hereby substituted for “the authorised medical officer”.

(3) The following subsections are hereby added to section 184 of the Principal Act:

“(6) Where a request for a certificate for the purposes of subsection (4) of this section is made to the authorised medical officer, that officer shall examine the person in respect of whom the certificate is requested and shall give the certificate if he is of the opinion referred to in that subsection.

(7) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.

(8) Where, the person in charge of an institution having purported to make pursuant to subsection (5) of this section a temporary chargeable patient reception order, it is ascertained that the person to whom the order relates was not ordinarily resident at a material time in the appropriate mental hospital district, both the order and the application by reference to which the order was made shall be as valid for all purposes as if such person had been ordinarily resident at that time in that district.”

Amendment of section 185 of Principal Act.

17.—(1) The following subsection is hereby inserted after subsection (3) of section 185 of the Principal Act:

“(3A) An application under this section shall not be made unless the applicant is at least twenty-one years of age.”

(2) The following subsection is hereby substituted for subsection (6) of section 185 of the Principal Act:

“(6) (a) Where an application for a temporary private patient reception order is made, the appropriate person, after having considered the application and the medical certificate accompanying it may make the order in the prescribed form.

(b) In paragraph (a) of this subsection “the appropriate person” means—

(i) in case the person in charge of the approved institution is a registered medical practitioner—that person, and

(ii) in any other case—the chief medical officer of the approved institution or, where the approved institution is for the reception of one person only, the medical attendant of the person to whom the application relates.”

Amendment of section 189 of Principal Act.

18.—(1) The following subsection is hereby substituted for subsection (1) of section 189 of the Principal Act:

“(1) (a) Where the chief medical officer of an approved institution becomes of opinion that a person detained in the institution under a temporary chargeable patient reception order or a temporary private patient reception order (including a person who would be so detained but for his being absent, removed or boarded out under section 203, 204, 208 or 209 of this Act) will not have recovered on the expiration of the period during which, pursuant to paragraph (b) of subsection (1) of section 186 of this Act, he may be detained—

(i) in the case of an addict, the chief medical officer may by endorsement on the order extend the said period by a further period not exceeding six months, or by a series of endorsements on the order extend the said period by further periods each of which shall be less than six months and the aggregate of which shall not exceed six months, and

(ii) in any other case, the chief medical officer may by endorsement on the order extend the said period by a further period not exceeding six months, or by a series of endorsements on the order extend the said period by further periods none of which shall exceed six months and the aggregate of which shall not exceed eighteen months.

(b) Where an order is endorsed under this subsection—

(i) the chief medical officer shall—

(I) give to the person to whom the order relates a notice stating particulars of endorsement and that such person or the applicant for the reception order may send to the Inspector of Mental Hospitals an objection to the extension of the period of detention, and

(II) give a like notice to the applicant for the order,

(ii) on receiving an objection sent consequent upon the notice under clause (I) or (II) of the foregoing sub-paragraph, the Inspector of Mental Hospitals shall require the chief medical officer to give him a full report on the person to whom the order relates,

(iii) on being required to give such report, the chief medical officer shall give it forthwith and, on consideration of the report, the Inspector of Mental Hospitals shall take such steps as he considers necessary for ascertaining whether or not the detention of the person to whom the order relates should be continued.”

(2) Where a person is, at the commencement of this section, detained by virtue of an order or series of orders under section 189 of the Principal Act, the order or series of orders shall, for the purposes of the Principal Act as amended by this Act, be regarded as an endorsement or series of endorsements made by virtue of subsection (1) of this section.

Amendment of section 190 of Principal Act.

19.—(1) In subsection (3) of section 190 of the Principal Act, “where the person whose reception is sought is less than sixteen years of age,” is hereby inserted after “shall” and “a registered medical practitioner (not being a registered medical practitioner disqualified in relation to the person whose reception is sought)” is hereby substituted for “the authorised medical officer”.

(2) The following subsections are hereby added to section 190 of the Principal Act:

“(4) Where a request for a recommendation for the purposes of subsection (3) of this section is made to the authorised medical officer, that officer shall examine the person in respect of whom the recommendation is requested and shall give the recommendation if he is of opinion that such person will benefit by the proposed reception.

(5) A registered medical practitioner shall, for the purposes of this section, be disqualified in relation to a person—

(a) if such practitioner is interested in the payments (if any) to be made on account of the taking care of the person,

(b) if such practitioner is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person, or

(c) if such practitioner is a medical officer of a district mental hospital.”

Amendment of section 191 of Principal Act.

20.—In subsection (3) of section 191 of the Principal Act, “where the person whose reception is sought is less than sixteen years of age,” is hereby inserted after “shall”.

Amendment of section 192 of Principal Act.

21.—The following sentence is hereby added to section 192 of the Principal Act: “Where, a person having been received in an approved institution as a voluntary patient and a chargeable patient, it is ascertained that he was not ordinarily resident at a material time in the appropriate mental hospital district, both the reception and the application by reference to which the reception was effected shall be as valid for all purposes as if such person had been ordinarily resident at that time in that district.”

Amendment of section 203 of Principal Act.

22.—(1) In subsection (1) of section 203 of the Principal Act “The resident medical superintendent of a district mental hospital may permit a person detained in such hospital or any other institution maintained by the mental hospital authority” is hereby substituted for “A mental hospital authority, acting on the advice of the resident medical superintendent of their district mental hospital, may permit a person detained in such hospital or any other institution maintained by them”.

(2) In subsection (2) of section 203 of the Principal Act “person in charge of a mental institution, not being an institution maintained by a mental hospital authority, may permit a person detained in such institution” is hereby substituted for “Inspector of Mental Hospitals may permit a person detained in a mental institution, not being an institution maintained by a mental hospital authority,”.

(3) The following subsection is hereby added to section 203 of the Principal Act:

“(5) Where a person is absent on trial under this section from an institution, his permission to be absent may be withdrawn, at any time before the expiration of the period or extended period during which he is permitted to be absent, by the person in charge of the institution, and if the permission is so withdrawn, the person absent on trial may at any time within twenty-eight days after the withdrawal be retaken in like manner as if he had escaped from such institution.”

Amendment of section 204 of Principal Act.

23.—The following subsection is hereby added to section 204 of the Principal Act:

“(4) Where a person is absent on parole under this section from an institution, his permission to be absent may be withdrawn, at any time before the expiration of the period during which he is permitted to be absent, by the person in charge of the institution, and if the permission is so withdrawn, the person absent on parole may at any time within twenty-eight days after the withdrawal be retaken in like manner as if he had escaped from such institution.”

Insertion of section after section 204 of Principal Act.

24.—The following section is hereby inserted after section 204 of the Principal Act:

“204A.(1) Any person may apply to a mental hospital authority for information as to whether a particular person is detained as a patient of the authority under a reception order and, if he is so detained, as to the name of the person in charge of the institution named in the reception order and the situation of that institution.

(2) Where an application is made as aforesaid with respect to any person, the applicant may also apply to the mental hospital authority for—

(a) a copy of any relevant reception order,

(b) the name of the applicant for any relevant recommendation for reception or reception order,

(c) the name or names of any registered medical practitioner or practitioners who made any recommendation or signed any certificate in relation to such person.

(3) Where an application is made under subsection (1) of this section, the mental hospital authority shall grant it unless they decide, and so inform the applicant, that the applicant has failed to satisfy them that he is a proper person to be given the information for which he applies.

(4) Where an application is made under subsection (2) of this section, the mental hospital authority shall, if the person to whom the application relates is detained as their patient, grant the application unless they decide, and so inform the applicant, that the applicant has failed to satisfy them that he is a person proper to be given the document and information for which he applies.

(5) Where an applicant is informed as provided for by subsection (3) or (4) of this section, he may appeal to the Minister against the decision of the mental hospital authority and, if on such appeal the Minister directs the grant of the application, it shall be granted forthwith.”

Amendment of section 207 of Principal Act.

25.—(1) The following paragraphs are hereby added to subsection (2) of section 207 of the Principal Act :

“(d) on being transferred thereto such person may, notwithstanding any other provision of this Act, be detained therein until he is sent to a district mental hospital or other institution or discharged under this section or his death,

(e) if the Minister decides not to make an order under paragraph (c) of this subsection, he shall give notice to that effect to the person in charge of the district mental hospital or other institution,

(f) if the Minister gives notice as aforesaid, such person, if he is a person ordinarily resident in another mental hospital district, may, notwithstanding paragraph, (a) of this subsection, be sent at any time to the district mental hospital for that district,

(g) detention of such person pursuant to paragraph (a) of this subsection or after his having been sent pursuant to paragraph (f) of this subsection shall be regarded as detention under a chargeable patient reception order or a private patient reception order (as may be appropriate).”

(2) The following words are hereby added to subsection (3) of section 207 of the Principal Act: “or, if he is ordinarily resident in another mental hospital district, the sending of him to the district mental hospital for that district, and detention of such person after his having been sent back or sent as aforesaid shall be regarded as detention under a chargeable patient reception order or a private patient reception order (as may be appropriate)”.

Amendment of section 215 of Principal Act.

26.—In subsection (3) of section 215 of the Principal Act “the resident medical superintendent” is hereby substituted for “the authority”.

Amendment of section 217 of Principal Act.

27.—(1) The following subsection is hereby substituted for subsection (1) of section 217 of the Principal Act:

“(1) (a) Where the person in charge of a district mental hospital or other institution maintained by a mental hospital authority is satisfied that a person detained therein as a private patient has recovered, he shall give notice to that effect to the person by whom the last payment on account of the person detained was made.

(b) Where the chief medical officer of a mental institution not maintained by a mental hospital authority is satisfied that a person detained therein as a private patient has recovered, the person in charge thereof shall give notice to that effect to the person by whom the last payment on account of the person detained was made.

(c) A notice under this subsection shall contain an intimation that, unless the person detained is removed before a specified date not earlier than seven days after the date on which the notice is given, he will be discharged.

(d) In paragraph (b) of this subsection, the reference to the chief medical officer of an institution shall, where the institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person detained.”

(2) The following subsection is hereby substituted for subsection (3) of section 217 of the Principal Act :

“(3) A notice under this section in relation to a person detained in an institution maintained by a mental hospital authority which is not a district mental hospital shall not be given save with the approval of the resident medical superintendent.”

Amendment of section 218 of Principal Act.

28.—In subsection (3) of section 218 of the Principal Act “the resident medical superintendent” is hereby substituted for “the authority”.

Amendment of section 219 of Principal Act.

29.—In subsection (2) of section 219 of the Principal Act “the resident medical superintendent” is hereby substituted for “the authority”.

Amendment of section 220 of Principal Act.

30.—In subsection (2) of section 220 of the Principal Act “the resident medical superintendent” is hereby substituted for “the authority”.

Insertion of section after section 222 of Principal Act.

31.—The following section is hereby inserted after section 222 of the Principal Act:

“222A. A mental hospital authority may, subject to the sanction of the Minister, arrange for the provision of preventive or after-care services for any chargeable patient ordinarily resident in their mental hospital district.”

Amendment of section 229 of Principal Act.

32.—The following word and paragraph are hereby added to subsection (4) of section 229 of the Principal Act:

“and

(c) where the escaped person escaped otherwise than from a mental institution—the mental hospital authority or other person carrying on the mental institution in which he is ordinarily detained.”

Amendment of section 237 of Principal Act.

33.—Section 237 of the Principal Act is hereby amended by the substitution of the following paragraphs for paragraphs (a) to (o):

“(a) see every patient—

(i) whom he has been requested to examine by the patient himself or by any other person or persons (including, in particular, the person in charge of the institution and, in the case of a district mental hospital, the visiting committee), or

(ii) the propriety of whose detention he has reason to doubt,

(b) ascertain whether or not, since his next previous visit required by this Act, any extensions under section 189 of this Act have been effected and, if they have, give particular attention to the patients concerned,

(c) inspect every part of the premises included in the institution,

(d) ascertain whether or not due regard is being had in the management of the institution to this Act and the provisions made thereunder,

(e) ascertain—

(i) whether or not the accommodation provided in the institution is adequate and suitable,

(ii) whether or not the care and treatment provided for the patients is adequate,

(iii) whether or not the facilities provided for the occupational and recreational therapy provided for the patients are adequate,

(iv) whether or not the dietary of the patients is adequate and suitable,

(v) whether or not classification of the patients is carried out,

(vi) whether or not any system of coercion, restraint or seclusion is in operation,

(vii) the facts relating to any other matter which he considers should be inquired into,

(f) include in his report under section 243 of this Act a statement of what he has ascertained pursuant to the foregoing paragraph,

(g) with respect to any patient the propriety of whose detention he doubts, notify the person in charge of the institution that he has doubts as to the propriety of such patient's detention,

(h) enquire as to the staffing arrangements.”

Amendment of section 244 of Principal Act.

34.—In subsection (1) and in subsection (2) of section 244 of the Principal Act “all or any (as the Inspector may request) of the following” is hereby substituted for “there”.

Amendment of section 253 of Principal Act.

35.—The following sentence is hereby added to section 253 of the Principal Act: “In this section the word ‘ill-treats’ shall be construed as including a reference to striking or otherwise assaulting.”

Amendment of section 266 of Principal Act.

36.—In section 266 of the Principal Act “a visiting committee of a district mental hospital,” is hereby inserted before “or the Inspector of Mental Hospitals”.

Amendment of section 274 of Principal Act.

37.—(1) In subsection (1) of section 274 of the Principal Act, “, subject to such provisions as may be prescribed,” is hereby inserted before “pay”.

(2) The following subsections are hereby inserted after subsection (1) of section 274 of the Principal Act:

“(1A) Where a person is examined, pursuant to section 162, 165 or 166 of this Act or for the purposes of section 184 or 190 thereof, by a registered medical practitioner other than the authorised medical officer, such practitioner shall, subject to such provisions as may be prescribed, be paid a fee of two guineas for the examination by the mental hospital authority for the mental hospital district in which such person ordinarily resides.

(1B) If any dispute arises as to whether a fee has become payable under this section or as to which mental hospital authority is to pay a fee which has become so payable, the dispute may, by agreement between the parties to it, be referred for decision to the Minister, and the decision given by the Minister on any such reference shall be final.”

Application of Principal Act in relation to certain persons.

38.—(1) Notwithstanding anything contained in section 10 of the Lunatic Asylums (Ireland) Act, 1875 , any person referred to in that section shall, from and after the expiration of his sentence, be regarded and treated in all respects as if he were received into the district mental hospital as a person of unsound mind under the provisions of the Principal Act and the Acts amending that Act, and those provisions shall apply in relation to him accordingly.

(2) Notwithstanding anything contained in section 12 of the Lunatic Asylums (Ireland) Act 1875 , any person removed pursuant

to that section shall be regarded and treated in all respects as if he were received into the district mental hospital as a person of unsound mind under the provisions of the Principal Act and the Acts amending that Act, and those provisions shall apply in relation to him accordingly.

The Central Mental Hospital.

39.—The central criminal lunatic asylum established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act. 1845 , shall be styled and known as the Central Mental Hospital

Certain service to be regarded as service in Civil Service.

40.—Where—

(a) a person has, during a period ending on the commencement of this section, been serving in an established position in the civil service of the Government,

(b) such person was, during a period ending on the commencement of the period specified in paragraph (a) of this section, paying contributions, as to part of the period, under the Asylum Officers' Superannuation Act, 1909 , and, as to the remainder of the period, under Part VIII of the Principal Act, in respect of an office the duties of which related to the same matters as the duties of such established position, and

(c) such person was, during a period ending on the commencement of the period specified in paragraph (b) of this section, serving in an established position in the Civil Service of Saorstát Éireann the duties of which related to the same matters as the duties of the established position referred to in paragraph (a) of this section,

the aggregate of the periods specified in paragraphs (b) and (c) of this section shall, for the purposes of the Superannuation Acts, 1834 to 1956, be regarded as service in an established position in the civil service of the Government.

Superannuation.

41.—(1) The Local Government (Superannuation) Act, 1956 , shall have effect subject to the amendments specified in the First Schedule to this Act.

(2) Notwithstanding subsection (10) of section 71 of the Local Government (Superannuation) Act, 1956 , an allowance—

(a) which is payable by—

(i) a health authority within the meaning of the Health Act, 1947 , in their capacity as an authority performing functions under the Mental Treatment Acts, 1945 to 1961, or

(ii) a joint board performing functions under those Acts, and

(b) which would, disregarding that subsection, be suspended or reduced under section 75 of the Local Government (Superannuation) Act, 1948 ,

shall be suspended or reduced under the said section 75.

(3) (a) In Part VIII of the Principal Act (other than sections 65 and 93 of that Act) the word “Minister”, wherever occurring, shall be construed as referring to the Minister for Local Government.

(b) The Minister for Local Government shall be the consenting authority for the purposes of subsection (3) of section 2 and subsection (8) of section 14 of the Asylum Officers' Superannuation Act, 1909 , the settling authority for the purposes of section 12 of that Act and the determining authority for the purposes of section 15 of that Act.

(4) The following subsections are hereby substituted for subsections (4), (5) and (6) of section 65 of the Principal Act:

“(4) (a) Where the whole of the employment of an officer or servant of a mental hospital authority consists of the care or charge of patients, his name shall be entered in the register maintained under this section by the authority.

(b) Where—

(i) part only of the employment of an officer or servant of a mental hospital authority consists of the care or charge of patients, and

(ii) the prescribed conditions are fulfilled in his case, his name shall be entered in the register maintained under this section by the authority.

(c) The Minister may by regulations specify the conditions (in this section referred to as the prescribed conditions) fulfilment of which, in the case of an officer or servant of a mental hospital authority part only of whose employment consists of the care or charge of patients, will require entry of the officer's or servant's name in the register maintained under this section by the authority.

(5) The name of an officer or servant shall be removed from a register maintained under this section by a mental hospital authority if (but only if)—

(a) by reason of a new appointment or otherwise, he becomes an officer or servant of the authority no part of whose employment consists of the care or charge of patients,

(b) having been an officer or servant the whole of whose employment consists of the care or charge of patients, he becomes, by reason of a new appointment or otherwise, an officer or servant part only of whose employment consists of the care or charge of patients and the prescribed conditions are then not fulfilled in his case, or

(c) being an officer or servant part only of whose duties consist of the care or charge of patients, the prescribed conditions cease to be fulfilled in his case.

(6) If an officer or servant of a mental hospital authority is aggrieved—

(a) by their failure to enter his name in the register maintained by them under this section, or

(b) by their removal of his name from such register,

he may complain to the Minister in writing and, if after consideration of the complaint, the Minister directs the authority to enter or re-enter (as may be appropriate) the name of the officer or servant in such register, they shall carry out such direction,”

(5) No allowance shall be granted under section 77 or 78 of the Principal Act save by reference to an officer or servant whose name—

(a) stands entered in a register maintained under section 65 of the Principal Act, and

(b) stood so registered at the commencement of this section.

(6) Where—

(a) an allowance under Part VIII of the Principal Act is, on the commencement of this section, in course of payment in whole or in part,

(b) the person to whom the allowance was granted was granted it by reference to his having been an officer who ceased to hold office on reaching an age limit, and

(c) it was not a condition of his having been appointed to be such officer that he should so cease to hold office,

the body paying the allowance may, subject to the sanction of the Minister for Health, grant—

(i) an increase of the allowance, the increase being of such amount as the body may consider proper subject to the restriction that it shall not exceed one-eighth of the salary by reference to which the allowance was computed, and

(ii) an increase of the lump sum granted with the allowance, being an increase of such amount as the body may consider proper subject to the restrictions that it shall not exceed one-third of the salary by reference to which the allowance was computed and that it shall be such that the lump sum as increased shall not exceed four-thirds of the said salary.

Repeals.

42.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and collective citation.

43.—(1) This Act may be cited as the Mental Treatment Act, 1961.

(2) (a) Subject to the next paragraph, this Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(b) The day fixed for the coming into operation of section 41 of this Act shall be a 1st day of April.

(3) The Mental Treatment Acts, 1945 to 1958, and this Act may be cited together as the Mental Treatment Acts, 1945 to 1961.

FIRST SCHEDULE

Amendments of Local Government (Superannuation) act, 1956.

Section 41.

1. In the definition of “local authority” in section 2 “including a mental hospital authority” shall be substituted for “other than a mental hospital board”.

2. In the definition of “officer” in section 2 “a mental hospital officer or” shall be deleted.

3. In the definition of “servant” in section 2 “but does not include a mental hospital servant” shall be deleted.

4. The following words shall be added to subsection (1) of section 5: “and shall come into operation in relation to a mental hospital authority on the commencement of section 41 of the Mental Treatment Act, 1961”.

5. In subsection (2) of section 5 “or a mental hospital authority” shall be inserted after “1948”.

6. The following subsection shall be added to section 7:

“(5) (a) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , the authority shall enter his name in the register as from such commencement.

(b) It shall be the duty of a mental hospital authority to complete the entries in the register consequent upon this subsection (apart from entries made as a result of appeals under paragraph (c) of this subsection) within six months after the commencement of section 41 of the Mental Treatment Act, 1961.

(c) Subsection (3) of this section shall not apply where a person is aggrieved by the refusal of or failure by a mental hospital authority to enter consequent upon this subsection his name in the register, but such person, in lieu of appealing under that subsection, may, within twelve months after the commencement of section 41 of the Mental Treatment Act, 1961, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from such commencement and, in the latter case, the authority shall enter the name in the register as from such commencement.

(d) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , such officer may, within twelve months after such commencement, signify in writing to the authority that he opts that paragraph (a) of this subsection is not to apply in relation to him, and thereupon—

(i) paragraph (a) of this subsection shall be deemed never to have applied in relation to him, and

(ii) if at any time after such commencement he becomes a mental hospital officer and subsection (2) of this section would, apart from this subparagraph, then apply in relation to him, that subsection shall not apply if the time when he becomes a mental hospital officer is in the period of his continuous service as a mental hospital officer beginning on such commencement.

(e) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 , and was for the purposes of that Act an officer of the first class, the provisions of sections 77 , 78 and 79 of the Mental Treatment Act, 1945 , shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act.

(f) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, subject, by virtue of section 64 of the Mental Treatment Act, 1945 , to the Asylum Officers' Superannuation Act, 1909 , he shall, as from such commencement, cease to be subject to that Act.

(g) Where the name of a person, other than a person to whom paragraph (f) of this subsection applies, is entered by a mental hospital authority in the register and either—

(i) the entry is under this subsection, or

(ii) the entry being made otherwise than under this subsection, it is made as from the expiration of a continuous period of such person's being a mental hospital servant which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 30 of this Act,

the following provisions shall have effect:

(I) none of the following sections, that is to say, sections 66 , 67 , 68 , 69 , 70 , 71 , 72 , 76 , 85 and 86 of the Mental Treatment Act, 1945 , shall apply to him,

(II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save during his continuous period of being a mental hospital officer beginning at the time as from which the mental hospital authority enter his name in the register.

(h) Where, in a case other than a case to which paragraphs (e) or (g) of this subsection applies, the name of a person is entered otherwise than under this subsection by a mental hospital authority in the register, Part VIII of the Mental Treatment Act, 1945 , other than section 65 of that Act, shall not apply to such person.”

7. In subsection (2) of section 12 “or whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ”, shall be inserted after “fire brigade officer”.

8. In subparagraph (ii) of paragraph (a) of subsection (2) of section 15 “or his name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ” shall be inserted after “fire brigade officer”.

9. The following subsection shall be added to section 23:

“(4) (a) In the case of a person whose name is entered under subsection (5) of section 7 of this Act by a mental hospital authority in the register, the reference to five per cent. in subsection (1) of this section shall, until the expiration of his continuous period of being an officer of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961, be construed as a reference to three per cent.

(b) In the case of a person whose name is entered otherwise than under subsection (5) of section 7 of this Act by a mental hospital authority in the register as from the expiration of a continuous period of such person's being a mental hospital servant which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 30 of this Act, the reference to five per cent, in subsection (1) of this section shall, until the expiration of his continuous period of being an officer of a local authority beginning at the time as from which the mental hospital authority enter his name in the register, be construed as a reference to three per cent.”

10. In subsection (1) of section 29 “or the Mental Treatment Act, 1945 ” shall be inserted after“this Act”.

11. The following subsection shall be added to section 30:

“(5) (a) Where a servant of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , the authority shall enter his name in the register as from such commencement.

(b) It shall be the duty of a mental hospital authority to complete the entries in the register consequent upon this subsection (apart from entries made as a result of appeals under paragraph (c) of this subsection) within six months after the commencement of section 41 of the Mental Treatment Act, 1961.

(c) Where a person is aggrieved by the refusal of or failure by a mental hospital authority to enter consequent upon this subsection his name in the register, such person may, within twelve months after the commencement of section 41 of the Mental Treatment Act, 1961, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct his name to be entered in the register as from such commencement and, in the latter case, the authority shall enter the name in the register as from such commencement.

(d) Where a servant of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing to the authority under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , such servant may, within twelve months after such commencement, signify in writing to the authority that he opts that paragraph (a) of this subsection is not to apply in relation to him, and thereupon—

(i) paragraph (a) of this subsection shall be deemed never to have applied in relation to him, and

(ii) if at any time after such commencement sub section (2) of this section would, apart from this subparagraph, apply in relation to him, that subsection shall not apply if the relevant expiration of a local financial year is in the period of his continuous service as a mental hospital servant beginning on such commencement.

(e) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 , and was for the purposes of that Act a servant of the first class, the provisions of sections 77 , 78 and 79 of the Mental Treatment Act, 1945 , shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act.

(f) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, subject, by virtue of section 64 of the Mental Treatment Act, 1945 , to the Asylum Officers' Superannuation Act, 1909 , he shall, as from such commencement, cease to be subject to that Act.

(g) Where the name of a person, other than a person to whom paragraph (f) of this subsection applies, is entered by a mental hospital authority in the register and either—

(i) the entry is under this subsection, or

(ii) the entry being made otherwise than under this subsection, it is made as from the expiration of a continuous period of such person's being a mental hospital officer which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 7 of this Act,

the following provisions shall have effect:

(I) none of the following sections, that is to say, sections 66 , 67 , 68 , 69 , 70 , 71 , 72 , 76 , 85 and 86 of the Mental Treatment Act, 1945 , shall apply to him,

(II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save during his continuous period of being a mental hospital servant beginning at the time as from which the mental hospital authority enter his name in the register.

(h) Where, in a case other than a case to which paragraphs (e) or (g) of this subsection applies, the name of a person is entered otherwise than under this subsection by a mental hospital authority in the register, Part VIII of the Mental Treatment Act, 1945 , other than section 65 of that Act, shall not apply to such person.”

12. In subsection (2) of section 35 “or whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ”, shall be inserted after “fire brigade servant”.

13. In subparagraph (ii) of paragraph (a) of subsection (2) of section 36 “or his name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ” shall be inserted after “fire brigade servant”.

14. The following subsection is hereby added to section 43 :

“(4) (a) In the case of a person whose name is entered under subsection (5) of section 30 of this Act by a mental hospital authority in the register, the reference to four and one-sixth per cent, in subsection (1) of this section shall, until the expiration of his continuous period of being a servant of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961, be construed as a reference to three per cent.

(b) In the case of a person whose name is entered otherwise than under subsection (5) of section 30 of this Act by a mental hospital authority in the register as from the expiration of a continuous period of such person's being a mental hospital officer which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 7 of this Act, the reference to four and one-sixth per cent, in subsection (1) of this section shall, until the expiration of his continuous period of being a servant of a local authority beginning at the time as from which the mental hospital authority enter his name in the register, be construed as a reference to three per cent.”

15. In section 49 “or the Mental Treatment Act, 1945 ” shall be inserted after “this Act”.

16. In paragraph (a) of subsection (2) of section 63 “or a person whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ” shall be inserted after “fire brigade officer or servant”.

SECOND SCHEDULE

Enactments Repealed

Section 42.