Mental Health Act 20266

PART 5

The Commission

Chapter 1

Continuance in being and functions of Commission

Continuance in being of Commission

99. (1) Notwithstanding the repeal of the Act of 2001 by section 5 , the body known as the Mental Health Commission established under that Act shall continue in being in accordance with the provisions of this Act.

(2) Anything commenced but not completed by the Commission before the repeal of the Act of 2001 may be carried on and completed by the Commission after the repeal as if that Act had not been repealed.

(3) The Commission is a body corporate with perpetual succession and an official seal and shall have the power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

(4) The seal of the Commission shall be authenticated by—

(a) the signatures of 2 members of the Board, or

(b) the signatures of both a member of the Board and a member of the staff of the Commission, authorised by the Board to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such an instrument without further proof.

(6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission for that purpose.