Mental Health Act, 2008

• Jurisdiction: Ireland
• Citation: IR No. 19/2008
• Year: 2008

Number 19 of 2008
MENTAL HEALTH ACT 2008
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Expenses.
3. Confirmation of unexpired renewal orders.
4. Replacement renewal orders.
5. Confirmation of expired renewal orders.
6. Acts done or purporting to have been done pursuant tounexpired and expired renewal orders.
7. Exclusions.
8. Short title, collective citation and construction.
Acts Referred To
Mental Health Act 2001 2001, No. 25
Number 19 of 2008
MENTAL HEALTH ACT 2008
AN ACT TO CONFIRM CERTAIN UNEXPIRED AND EXPIRED RENEWAL ORDERS MADE UNDER SECTION 15(2) OR (3) OF THE MENTAL HEALTH ACT 2001; TO PERMIT SUCH UNEXPIRED RENEWAL ORDERS TO BE REPLACED BY ORDERS MADE UNDER THIS ACT; TO PROVIDE THAT SUCH NEW ORDERS SHALL TAKE EFFECT AS IF THEY WERE RENEWAL ORDERS MADE UNDER SECTION 15(2) OR (3) OF THE MENTAL HEALTH ACT 2001; AND TO PROVIDE FOR RELATED MATTERS.
[30th October, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.— (1) In this Act—
	“Act of 2001” means the Mental Health Act 2001 ;
	“expired renewal order” means an order purporting to be a renewal order—
	(a) where the maximum period concerned specified in section 15(2) or (3) of the Act of 2001 by which it extended or further extended the period referred to in section 15(1) of that Act has, before the passing of this Act, expired, or
	(b) which has, before the passing of this Act, been revoked under the Act of 2001;
	“replacement renewal order” means an order made under section 4 (1)(b);
	“unexpired renewal order” means an order purporting to be a renewal order where the maximum period concerned specified in section 15(2) or (3) of the Act of 2001 by which it extended or further extended the period referred to in section 15(1) of that Act has not, before the passing of this Act, expired;
	“working day” means a day which is not a Saturday, Sunday or public holiday.
	(2) Section 2(1) of the Act of 2001 shall apply to the interpretation of this Act as it applies to the interpretation of that Act.
	Expenses.	2.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	Confirmation of unexpired renewal orders.	3.— (1) An unexpired renewal order shall be deemed to be valid and always to have been valid notwithstanding either of the following matters:
	(a) that the consultant psychiatrist failed to consider when making the order that he or she had the discretion to extend or further extend the period referred to in section 15(1) of the Act of 2001 for a lesser period than the maximum period concerned specified in section 15(2) or (3) of that Act of 2001; or
	(b) that the order did not specify a period during which the order was to remain in force or a date on which the order was to expire.
	(2) Subject to section 28 of the Act of 2001, an unexpired renewal order shall remain in force until—
	(a) the expiration of 5 working days immediately following the passing of this Act,
	(b) a replacement renewal order is made to replace the unexpired renewal order, or
	(c) the expiration of the last day of the maximum period concerned specified in section 15(2) or (3) of the Act of 2001 by which it extended or further extended the period referred to in section 15(1) of that Act,
	whichever occurs first.
	(3) Where a patient is the subject of an unexpired renewal order, the matters authorised under section 15(1) of the Act of 2001 by virtue of the admission order concerned shall continue to be authorised in respect of the patient for so long as the unexpired renewal order remains in force or, if the unexpired renewal order is replaced by a replacement renewal order, for so long as that replacement renewal order remains in force.
	(4) Nothing in this section shall be construed as preventing an unexpired renewal order from being invalid by reason of matters other than the matters referred to in subsection (1).
	Replacement renewal orders.	4.— (1) Subject to subsection (2), where a patient is the subject of an unexpired renewal order, the consultant psychiatrist responsible for the care and treatment of the patient, having carried out an examination of the patient after the passing of this Act but before the expiration of the 5 working days immediately following the passing of this Act shall, where he or she is satisfied by virtue of that examination that the patient continues to suffer from a mental disorder—
	(a) certify in a form specified by the Commission that the patient continues to suffer from a mental disorder, and
	(b) make an order replacing the unexpired renewal order in...