PART XIX.

Miscellaneous.

249. —(1) Where, in relation to any mental institution, there is a contravention (whether by act or omission) of any section or sub-section of this Act which is mentioned in the Fifth Schedule to this Act, the responsible person shall be guilty of an offence under that section or sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

(2) In this section, the expression “the responsible person” means—

(a) in relation to a mental institution registered in a register kept by the Minister under this Act—the person whose name is entered in the register in respect of the institution, and

(b) in relation to any other mental institution—the mental hospital authority or other person carrying on the institution.

250. —Any person who, otherwise than in accordance with the provisions of this Act, receives and detains, or undertakes for payment the care and control of, a person who is, or is alleged to be, of unsound mind shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment or, on conviction thereof on indictment, to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

251. —Where any person—

(a) conceals a patient in a mental institution, or

(b) induces or assists the escape or attempted escape of a patient in a mental institution, or

(c) induces or assists a patient who—

(i) is absent on trial or parole from a mental institution, or

(ii) has been removed for treatment or for the benefit of his health from a mental institution, or

(iii) has been boarded out by a mental hospital authority,

to escape or leave the place where he is maintained while absent on trial or parole, under treatment, or for the benefit of his health, or while boarded out, or

(d) harbours or conceals a patient who has so escaped,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

252. —(1) The person in charge of a mental institution may direct any person not to supply intoxicants or narcotics to any particular patient in the institution.

(2) Where a person to whom a direction is given under this section supplies intoxicants or narcotics in contravention of the direction, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

253. —Where the person in charge of a mental institution or a person employed therein ill-treats or wilfully neglects a patient in the institution, or a person having charge, whether by reason of any contract or of any tie of relationship, marriage, or otherwise, of a person of unsound mind ill-treats or wilfully neglects such person of unsound mind, he shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or, at the discretion of the Court, to both such fine and such imprisonment, or on conviction thereof on indictment, to a fine not exceeding two hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

254. —Where—

(a) a person has been convicted on indictment of a misdemeanour under section 4 of the Criminal Law Amendment Act, 1935 (No. 6 of 1935), and

(b) the Judge is satisfied that at the time when the misdemeanour was committed—

(i) such person had the care or charge of the woman or girl in relation to whom the misdemeanour was committed, or

(ii) such person was carrying on a mental institution and such woman or girl was a patient therein, or

(iii) such person was employed as an officer or servant in a mental institution or an institution for the detention of persons of unsound mind and such woman or girl was a patient or prisoner therein,

the said section 4 shall have effect as if it provided that such person should be liable on such conviction to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years.

255. —Where any person—

(a) makes a wilful misstatement in an application for a recommendation for reception, in an application for a reception order, or in a reception order, or

(b) makes a wilful misstatement in a medical or other certificate or in a statement or report under this Act of bodily or mental condition, or

(c) wilfully makes in a book, statement, or return a false entry as to a matter as to which he is required to make an entry by this Act or a regulation thereunder,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

256. —(1) In this section, the expression “the ordinary place of detention” means, in relation to a person to whom a reception order relates, the place of detention mentioned in the reception order.

(2) Where a person to whom a reception order relates is brought in accordance with this Act or any order or regulation made thereunder to a place which is not the ordinary place of detention, such person may be detained in the place to which he is so brought in like manner as if it were the ordinary place of detention and the reception order and this Act and the orders and regulations made thereunder shall have effect with respect to him accordingly.

257. —A patient in a mental institution shall not be compelled to attend any religious service which is not a religious service of the religion to which he is ascertained to belong.

258. —It shall be the duty of an officer of a mental hospital authority to deliver to the Minister, when required by him, any contracts, agreements, accounts, books, maps, plans, surveys, valuations, writings, or documents in the possession, custody, or control of such officer as such.

259. —Proceedings by a person who has been detained in a mental institution and has ceased to be so detained and which are in respect of an act purporting to have been done in pursuance of this Act shall not be instituted after the expiration of six months after the cesser of the detention.

260. —(1) No civil proceedings shall be instituted in respect of an act purporting to have been done in pursuance of this Act save by leave of the High Court and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the person against whom the proceedings are to be brought acted in bad faith or without reasonable care.

(2) Notice of an application for leave of the High Court under sub-section (1) of this section shall be given to the person against whom it is proposed to institute the proceedings and such person shall be entitled to be heard against the application.

(3) Where proceedings are, by leave granted in pursuance of sub-section (1) of this section, instituted in respect of an act purporting to have been done in pursuance of this Act, the Court shall not determine the proceedings in favour of the plaintiff unless it is satisfied that the defendant acted in bad faith or without reasonable care.

(4) Where, on an application under sub-section (1) of this section, leave is given to bring any proceedings and the proceedings are commenced within four weeks after the date on which leave was so given, the proceedings shall, for the purposes of section 259 of this Act and of the Public Authorities Protection Act, 1893, be deemed to have been commenced on the date on which notice of the application was given to the person against whom the proceedings are to be brought.

261. —A person not of unsound mind may be lodged as a boarder in a mental institution, but where any such person is lodged as a boarder in the part of a mental institution used for the accommodation of persons of unsourd mind, the number of persons of unsound mind in the institution shall be determined for the purposes of this Act as if such person were a person of unsound mind.

262. —Every person who immediately before the commencement of this section was detained in any institution or place for the maintenance and treatment of persons of unsound mind shall, on and after the commencement of this section, be subject to the provisions of this Act and the documents authorising such detention shall, on and after the commencement of this section, be regarded as a reception order applied for by the relative or other person at whose instance he was originally detained.

263. —(1) No person shall apply mechanical means of bodily restraint to a person of unsound mind unless the restraint is necessary for the purposes of medical or surgical treatment or to prevent the person of unsound mind injuring himself or others.

(2) Where any person applies mechanical means of bodily restraint to a person of unsound mind he shall proceed in accordance with regulations to be made by the Minister.

(3) If any person acts in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

264. —Where mechanical means of bodily restraint are applied in a mental institution to a patient, full particulars of the application shall be entered forthwith-in a book to be kept for that purpose.

265. —(1) It shall not be lawful to employ a male person in the personal custody or restraint of a female patient in a mental institution.

(2) Subsection (1) of this section shall not be construed as prohibiting the employment of a male person in the personal custody or restraint of a female patient in a mental institution on any occasion of such urgency as, in the judgment of the person in charge of the institution, renders the employment necessary, but in each such case the employment shall be reported to the Inspector of Mental Hospitals on his next visit to the institution and an entry of the employment shall be made at the time thereof in a book to be kept for that purpose in the institution.

266. — Any letter addressed by a patient in a mental institution to the Minister, the President of the High Court, the Registrar of Wards of Court, a mental hospital authority, or the Inspector of Mental Hospitals shall be forwarded unopened.

267. —Notices setting forth the right of a patient to have letters forwarded under section 266 of this Act shall, if the Minister so directs, be kept posted in prominent positions in a mental institution and such notices shall, if the Inspector of Mental Hospitals indicates the positions where they are to be kept posted, be kept posted in those positions.

268. —Not later than twelve hours after the death of a patient in a mental institution, a report on the death shall be given to the coroner within whose district the death occurred.

269. —(1) The Minister may by order direct the admission of any person to visit a patient in a mental institution and such person shall be admitted in accordance with such order.

(2) An order under this section may be for either one or more than one admission and may be either with or without restrictions as to the presence of an attendant or otherwise.

270. —A person shall not be deprived of any right or privilege, or be subjected to any disability, merely because he or a member of his family is maintained under the provisions of this Act as a chargeable patient.

271. —Where a person discharged from a mental institution after detention therein considers that the detention was unlawful, he may, not later than six months after his discharge, by letter addressed to the person in charge of the mental institution apply for a copy of the reception order authorising the detention and, on receipt of such application, such copy shall be forwarded to him.

272. —Immediately upon the occurrence in a mental institution of any of the following matters, a report thereon shall be given to the Minister:—

(a) an injury to a patient in the institution (including an injury existing on reception),

(b) an assault or alleged assault upon a patient in the institution by a member of the staff,

(c) an outbreak of infectious or epidemic disease in the institution, whether affecting patients only, staff only, or both,

(d) an outbreak of fire in the institution,

(e) any other matter of serious importance to the welfare of the patients.

273. —(1) Upon the retirement, relinquishment of his commission, or discharge of a member of the Defence Forces who is certified, at the time of such retirement, relinquishment of commission, or discharge, by a registered medical practitioner to be a person of unsound mind and to be a proper person to be detained under care and treatment, the Minister for Defence, or any officer of the Defence Forces not below the rank of commandant deputed by that Minister for the purpose, may by order cause him to be sent to the district mental hospital for the mental hospital district to which it appears to that Minister or such officer (as the case may be), after due investigation, that he belongs.

(2) Where, on an investigation pursuant to sub-section (1) of this section, it appears that a member of the Defence Forces does not belong to a district within the State, such member shall be regarded for the purposes of this section as belonging to the mental hospital district in which he retires, relinquishes his commission, or is discharged.

(3) Every order under this section shall specify the district mental hospital to which the person to whom the order relates is to be sent.

(4) In determining for the purposes of an order under this section the mental hospital district to which the person to whom such order relates belongs, the Minister for Defence or the officer making the order (as the case may be) shall make such inquiries as may be necessary for that purpose and shall have regard to the statements made in the attestation paper of the member and to such other sources of information as may be available.

(5) Notwithstanding any other provision of this Act, where a person is sent to a district mental hospital under an order under this section, he shall be received in the hospital and shall thereupon be subject to the provisions of this Act in like manner as if he were a patient received in the hospital under a chargeable patient reception order and, accordingly, every reference in this Act to a reception order shall, where appropriate, be deemed to include a reference to an order under this section.

(6) A person received into a district mental hospital under an order under this section shall be deemed not to be a criminal lunatic within the meaning of section 6 of the Lunacy (Ireland) Act, 1901.

(7) Where a person is received into a district mental hospital under an order under this section, the Minister for Defence may, if he so thinks proper, provide for the payment of the conveyance of the wife and children of such person to the mental hospital district in respect of the hospital, and in such case may notify the proper public assistance authority of the conveyance should he consider the circumstances of the family such as would render them eligible for public assistance.

(8) The expenses incurred by the Minister for Defence in the administration of this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(9) In this section, a reference to a member of the Defence Forces does not include a reference to a member of that part of the Defence Forces known as the Reserve save as respects a period during which such member is called out on permanent service, for training or to aid the civil power in the preservation of public order.

274. —(1) Where the authorised medical officer makes in pursuance of this Act a medical examination of any person, the public assistance authority for the public assistance district in which such person ordinarily resides shall pay to the authorised medical officer a fee of two guineas for the examination.

(2) A fee paid under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if it represented the cost of public assistance within the meaning of that Act given by such authority to the person examined.

275. —(1) The Minister may by order nominate to take the place of the person, including a deceased person, who was the applicant for a reception order (in this section referred to as the applicant) any other person willing to assume the duties and responsibilities of the applicant, and such other person shall, as on and from the date of the order, be subject to every obligation and may exercise every power of the applicant.

(2) An order under this section shall not release the applicant, or the person who immediately before the order was made was the nominee under this section taking the place of the applicant, from any liability previously incurred by him.

(3) Where the Minister proposes to make an order under this section and has not previously obtained the consent to the order of the applicant or the person who for the time being is the nominee under this section taking the place of the applicant (as the case may be), the Minister shall, if the applicant or such nominee is alive, give notice to him of the proposal to make the order and of the name of the person proposed to be nominated by the order and shall not make the order until after the expiration of fourteen days from the giving of the notice nor until he has considered the statement (if any) made under sub-section (4) of this section consequent upon the notice.

(4) At any time during a period of fourteen days from the giving of a notice under sub-section (3) of this section, the person to whom the notice is given may furnish the Minister with a written statement of his objections to the making of an order under this section.

(5) Every reference in this Act to a person on whose application a reception order is made shall include a reference to the person (if any) for the time being nominated under this section to take his place.

276. —Where the President of the High Court is of opinion that the assistance of counsel is necessary for the conduct of any visit or investigation under this Act, he may by order appoint a barrister-at-law of not less than six years' standing to assist in such visit or investigation and may by such order direct the fees and travelling expenses to be paid by the Minister to such barrister in respect of his assistance.

277. —(1) The Minister may cause to be held, by the Inspector of Mental Hospitals, or one or more of the other inspectors of the Minister or the Inspector of Mental Hospitals in conjunction with one or more of the other inspectors of the Minister, an inquiry into—

(a) any complaint relating to—

(i) the administration of any mental institution, or

(ii) negligence of any officer or servant employed in a mental institution in the discharge of his duties or failure by him to discharge his duties, or

(iii) misconduct of any officer or servant employed in a mental institution, and

(b) any matter relating to a mental institution in respect of which an inquiry is appropriate in accordance with the provisions of this Act or any other enactment.

(2) Where the Minister causes an inquiry to be held under this section in relation to a district mental hospital or any other institution maintained by a mental hospital authority, the costs incurred in relation to the inquiry shall be certified by the Minister and the certificate shall direct the payment of the costs to the Minister—

(a) where not more than one mental hospital authority is concerned in the inquiry—by that authority,

(b) where two or more mental hospital authorities are concerned in the inquiry—by (according as may be specified in the certificate) all or one or more of those authorities.

(3) A certificate under this section which directs the payment of the costs of an inquiry by two or more mental hospital authorities shall specify the proportion of the costs which shall be paid by each of those authorities.

(4) Where a mental hospital authority fails to pay a sum directed to be paid by a certificate under this section, such sum may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction or may be deducted in whole or in part from any moneys payable by any Minister of State for any purpose whatsoever to such authority.

(5) The power to deduct under sub-section (4) of this section from moneys payable to a mental hospital authority shall be subject to and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.

(6) Where the Minister causes an inquiry to be held under this section in relation to an institution not maintained by a mental hospital authority, he may, if he so thinks fit, by order direct that a sum (to be specified in the order) in respect of either the whole or part (as he considers reasonable) of the costs incurred in relation to the inquiry shall be paid to the Minister by the person (to be specified in the order) appearing to the Minister to carry on the institution, and such sum shall be paid accordingly to the Minister by that person and, in default of being so paid, shall be recoverable as a simple contract debt, in any court of competent jurisdiction.

(7) For the purposes of this section, the costs incurred in relation to an inquiry shall include a reasonable charge for the services (including travelling and subsistence expenses) of the Inspector of Mental Hospitals or any other inspector or officer of the Minister engaged in the inquiry and also the necessary expenses of witnesses.

278. —(1) An inspector holding an inquiry under section 277 of this Act may take evidence on oath and for that purpose may administer oaths.

(2) An inspector holding an inquiry under section 277 of this Act may, by giving notice in that behalf to any person, require him to attend at a specified time and place to give evidence in relation to any matter in question at the inquiry or to produce any books, contracts, agreements, accounts, maps, plans, moneys, valuations, or other documents in his possession, custody, or control which relate to any such matter.

(3) It shall not be necessary for a person to attend in compliance with a notice under sub-section (2) of this section at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary travelling expenses of the attendance has been paid or tendered to him.

(4) Where an inquiry under section 277 of this Act is in relation to an institution maintained by a mental hospital authority, the authority shall pay or tender to any person whose attendance is required at the inquiry such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance.

(5) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution maintained by a mental hospital authority and the person to whom the notice is sent complies with the notice, such person shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the mental hospital authority, and such expenses save as aforesaid shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Where a notice is given under sub-section (2) of this section for the purposes of an inquiry in relation to an institution not maintained by a mental hospital authority, the inspector shall pay or tender to the person to whom the notice is sent such sum as the inspector considers will cover the reasonable and necessary expenses of the attendance of such person pursuant to the notice.

(7) Any sum paid under sub-section (6) of this section shall be regarded as part of the costs of the relevant inquiry for the purposes of sub-section (6) of section 277 of this Act

(8) Subject to the provisions of this section, every person to whom a notice has been given under sub-section (2) of this section who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

279. —If any person obstructs or interferes with the Inspector of Mental Hospitals while the Inspector is exercising any power conferred by or under this Act or fails to give any information within his knowledge reasonably required by the Inspector in the course of carrying out his duties, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

280. —An order or regulation made by the Minister under this Act and relating to or having effect in every mental hospital district shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which it has sat after the order or regulation is so laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

281. —(1) Every statutory or other enactment in force at the commencement of this section and relating to any matter or thing dealt with or affected by this Act shall, subject to any order made by the Minister under this section, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.

(2) The Minister may by order make, in respect of any statutory or other enactment in force at the commencement of this section and relating to any matter or thing dealt with or affected by this Act, all such adaptations of and modifications in such enactment as appear to him to be necessary or expedient for carrying into effect the provisions of this Act.

282. —(1) Any written notice or other document to be given in pursuance of this Act may be given in any of the following ways:—

(a) in case it is to be given to the Minister, by sending it by post in an envelope addressed to the Minister for Local Government and Public Health, Dublin;

(b) in case it is to be given to any other person—

(i) by handing it to such person, or

(ii) by leaving it at the usual or last-known place of abode of such person, or

(iii) by sending it by post in a prepaid registered envelope addressed to such person, in the case of an individual, at his usual or last-known place of abode, or in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.

(2) Where a written notice or other document is to be given in pursuance of this Act to the owner or the occupier of land and the name of such owner or occupier is not known, such document may be addressed to “the owner” or “the occupier” (as the case may be) of the land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on the land.

283. —(1) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section by a Judge of the High Court or a Judge of the Circuit Court in connection with the care and commitment of the persons and estates of persons found to be idiots or of unsound mind.

(2) No power, restriction, or prohibition contained in this Act shall apply in relation to a person of unsound mind under the care of a Judge of the High Court or of a Judge of the Circuit Court.

(3) The provisions of this Act in relation to the registration of premises shall not apply in relation to any premises by reason only of the fact that a person has been received as a patient therein by direction of a Judge of the High Court or a Judge of the Circuit Court.

284. —(1) Each of the following sections shall be a specified section for the purposes of this section:—

(a) sections 17 and 18 of the Lunacy (Ireland) Act, 1821,

(b) sections 2 and 3 of the Criminal Lunatics (Ireland) Act, 1838,

(c) section 12 of the Central Criminal Lunatic Asylum (Ireland) Act, 1845,

(d) sections 12 and 13 of the Lunatic Asylums (Ireland) Act, 1875,

(e) section 2 of the Trial of Lunatics Act, 1883,

(f) section 17 of the Criminal Justice Administration Act, 1914.

(2) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section under any specified section.

(3) No power, restriction or prohibition contained in this Act shall apply in relation to a person detained by virtue of any specified section.