Mental Health Act 20266

• Permanent Page URL

Application of Act of 1991

60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.

(2) The modifications referred to in subsection (1) are as follows:

(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;

(b) references in sections 29, 35F and 35G of the Act of 1991 to the Agency shall be construed as references to—

(i) where the child is the subject of a care order, the Executive and the Agency, and

(ii) in all other instances, the Executive;

(c) references in section 34 of the Act of 1991 to an order made under Part III or Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;

(d) references in section 35 of the Act of 1991 to an order made under Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;

(e) in section 35B of the Act of 1991—

(i) references in subsection (2) of that section to proceedings under Part IVA and to the Family High Court shall be construed as references to proceedings under section 66 and to the Family District Court or District Court respectively, and

(ii) references in subsection (3) of that section to proceedings under Part IV, IVB or VI and to the Family District Court or the Family Circuit Court shall be construed as references to proceedings under section 62 (2) and 64 (2) and to the Family District Court or District Court respectively;

(f) in section 35D of the Act of 1991—

(i) the reference in subsection (1) of that section to proceedings under Part IVA of that Act shall be construed as a reference to proceedings under section 66 , and

(ii) the reference in subsection (2) of that section to proceedings under Part IV, IVB or VI of that Act shall be construed as a reference to an application under section 62 (2) or 64 (2);

(g) in section 35H of the Act of 1991—

(i) references in subsection (1) of that section to a special care order and in subsection (6) of that section to a subsequent care order shall be construed as references to an involuntary admission order made under section 66 and a renewal order made under section 67 respectively, and references in subsection (1) or (6) of that section to the Family High Court shall be construed as references to the Family District Court or the District Court, and

(ii) references in subsection (2) of that section to the Family District Court or the Family Circuit Court and an application under section 18(1) of that Act for a care order shall be construed as references to the Family District Court or District Court and an application under section 62 (2) or section 64 (2) respectively;

(h) references in section 35K of the Act of 1991 to “the Minister” shall be construed as references to the Minister and the Minister for Children, Disability and Equality;

(i) references in section 37 of the Act of 1991 to an order under Part III or IV of that Act shall be construed as references to an involuntary admission order made under section 66 ;

(j) any other necessary modifications.

(3) References in sections 18(3) and 43A of the Act of 1991 to a person having authority to consent to psychiatric examination, treatment or assessment shall, in respect of admission, detention, care and treatment under this Part, be subject to the provisions of this Act.

(4) References in sections 13(7) and 19(4) of the Act of 1991 to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

(5) Where a child is the subject of a special care order (within the meaning of the Act of 1991) or an interim special care order (within the meaning of the Act of 1991), he or she may be admitted to a registered acute mental health centre and treated under this Act as if he or she was the subject of a care order, with the modification that references to an application to—

(a) the District Court or the Family District Court under section 62 (2), 64 (2), 66 , 67 , 70 , 71 or 80 ,

(b) the Family Circuit Court under section 69 , or

(c) the Family High Court under section 87 ,

shall be construed as references to an application to the High Court or Family High Court under section 23NF(1) of the Act of 1991 to authorise the release of the child from the special care unit for the provision of psychiatric examination, treatment or assessment and with any other necessary modifications.