Mental Health (Renewal Orders) Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 23/2018

Number 23 of 2018
MENTAL HEALTH (RENEWAL ORDERS) ACT 2018
CONTENTS
1. Interpretation
2. Expenses
3. Replacement renewal orders
4. Amendment of section 15 of Act of 2001
5. Amendment of section 16 of Act of 2001
6. Amendment of section 17 of Act of 2001
7. Amendment of section 18 of Act of 2001
8. Exclusions
9. Short title, collective citation, construction and commencement
Acts Referred to
Mental Health (Amendment) Act 2018 (No. 10)
Mental Health Act 2001 (No. 25)
Mental Health Acts 2001 to 2009
Number 23 of 2018
MENTAL HEALTH (RENEWAL ORDERS) ACT 2018
An Act to permit unexpired renewal orders to be replaced by new orders made under this Act; to provide that such new orders shall take effect as if they were renewal orders made under section 15 (3) of the Mental Health Act 2001 as amended by this Act; to amend section 15 of the Mental Health Act 2001 to provide that the maximum period of detention for a patient which may be provided for in a renewal order made under that section is 6 months; to provide that the patient, or his or her legal representative, has a right, in the case of a renewal order made for a period exceeding 3 months and in addition to any other right of review under the Mental Health Act 2001 , to apply, not earlier than 3 months from the date on which the renewal order was made, for such renewal order to be reviewed by a tribunal in order for the tribunal to satisfy itself whether or not such patient is suffering from a mental disorder; to make consequential amendments to certain other provisions of the Mental Health Act 2001 ; and to provide for related matters.
[3rd October, 2018]
Be it enacted by the Oireachtas as follows:
		Interpretation
1. (1) In this Act—
	“Act of 2001” means the Mental Health Act 2001 ;
	“Minister” means the Minister for Health;
	“replacement renewal order”, in relation to an unexpired renewal order, means the order made under section 3 (1)(b) that replaces the unexpired renewal order;
	“unexpired renewal order” means an order purporting to be a renewal order made under section 15(3) of the Act of 2001 where the period for which it was made has not expired before the commencement of section 3 .
	(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 Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
		Replacement renewal orders
3. (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 as soon as possible after the commencement of this section but, in any case, not later than 5 working days (or, if the Minister permits thereto in writing, 8 working days) after such commencement, 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 respect of the patient for a specified period not exceeding the maximum period specified in section 15(3) of the Act of 2001.
	(2) A replacement renewal order shall be in substitution for, and not in addition to, the unexpired renewal order and shall, for the purposes of the Act of 2001 and subject to the provisions of that Act, take effect as if it were a renewal order under section 15(3) of that Act and, accordingly, sections 16 to 18 of that Act shall apply to the replacement renewal order and cease to apply to the unexpired renewal order.
	(3) An unexpired renewal order continues in...