AN ACT TO PROVIDE FOR THE PREVENTION AND TREATMENT OF MENTAL DISORDERS AND THE CARE OF PERSONS SUFFERING THEREFROM AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[22nd May, 1945].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

Short title.

1.—This Act may be cited as the Mental Treatment Act, 1945.

Commencement.

2.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Definitions.

3.—In this Act—

the word "addict" means a person who—

( a ) by reason of his addiction to drugs or intoxicants is either dangerous to himself or others or incapable of managing himself or his affairs or of ordinary proper conduct, or

( b ) by reason of his addiction to drugs, intoxicants or perverted conduct is in serious danger of mental disorder;

the expression "the appropriate assistance officer" means—

( a ) when used in relation to a person boarded out under this Act—the assistance officer for the assistance officer's district in which the person is boarded-out, and

( b ) when used in relation to any other person—the assistance officer for the assistance officer's district in which the person ordinarily resides;

the expression "approved institution" means an institution or premises approved of by order of the Minister under section 158 of this Act ;

the expression "assistance officer" means an officer employed by a public assistance authority to administer home assistance under the Public Assistance Act, 1939 ( No. 27 of 1939 );

the expression "assistance officer's district" means the district within which the duties of an assistance officer are to be performed;

the expression "assistant inspector of mental hospitals" means an assistant inspector of mental hospitals appointed under section 13 of this Act ;

the expression "authorised institution" means an institution authorised by special Act or other enactment (including a charter) for the care, maintenance, and treatment of persons of unsound mind, not being the Dundrum Central Criminal Lunatic Asylum;

the expression "authorised medical officer" has the meaning given to it by section 5 of this Act ;

the expression "auxiliary mental hospital" means a mental hospital provided under section 22 of this Act by a mental hospital authority;

the expression "chargeable patient" means a patient who is receiving mental hospital assistance and who (with the persons, if any, liable to maintain him) is unable to provide the whole of the cost of such assistance;

the expression "chargeable patient reception order" means a chargeable patient reception order under Chapter 1 of Part XIV of this Act;

the expression "district mental hospital" means a mental hospital provided under section 21 of this Act by a mental hospital authority;

the expression "the Dundrum Central Criminal Lunatic Asylum" means the central criminal lunatic asylum established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act, 1845;

the expression "the Inspector of Mental Hospitals" means primarily the Inspector of Mental Hospitals appointed under section 12 of this Act , but the said expression also includes a substitute for the Inspector of Mental Hospitals appointed under the said section 12 and an assistant inspector of mental hospitals;

the expression "joint authority" means an authority set up by order under section 98 of this Act .

the expression "joint board" means a board appointed jointly in pursuance of section 15 of this Act ;

the expression "local authority" means—

( a ) a local authority for the purposes of the Local Government Act, 1941 ( No. 23 of 1941 ), or

( b ) a sub-committee appointed by a local pensions committee under section 8 of the Old Age Pensions Act, 1908, or

( c ) a vocational education committee, or

( d ) a committee of agriculture;

the expression "mental hospital assistance" when used in relation to a person, includes—

( a ) any treatment, maintenance, advice, or service given to or arranged for such person by a mental hospital authority, and

( b ) any payment made to or in respect of such person by a mental hospital authority;

the expression "mental hospital authority" means a local administrative authority under section 15 of this Act for a mental hospital district;

the expression "mental hospital district" means a district specified in the Second Schedule to this Act as so specified or as for the time being changed by order under this Act;

the expression "mental institution" means a district mental hospital or other institution maintained by a mental hospital authority, a private institution, a private charitable institution, an authorised institution, or an approved institution;

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "person in charge" has the meaning given to it by section 4 of this Act ;

the word "prescribed" means prescribed by regulations made by the Minister under this Act;

the expression "private charitable institution" means an institution for the care of persons of unsound mind which is supported wholly or in part by voluntary contributions and which is not kept for profit by any private individual, not being—

( a ) a district mental hospital or other institution maintained by a mental hospital authority, or

( b ) an authorised institution;

the expression "private institution" means an institution or premises in which one or more than one person of unsound mind is or are taken care of for profit, not being—

( a ) a district mental hospital or other institution maintained by a mental hospital authority,

( b ) a private charitable institution, or

( c ) an authorised institution;

the expression "private patient" means a patient other than a chargeable patient;

the expression "private patient reception order" means a private patient reception order under Chapter II of Part XIV of this Act;

the expression "public assistance authority" means a public assistance authority under the Public Assistance Act, 1939 ( No. 27 of 1939 );

the expression "public assistance district" means a public assistance district under the Public Assistance Act, 1939 ( No. 27 of 1939 )

the expression "reception order" means a chargeable patient reception order, a private patient reception order, a temporary chargeable patient reception order, or a temporary private patient reception order;

the expression "recommendation for reception" means a recommendation for reception under Chapter I of Part XIV of this Act;

the word "relative" means—

( a ) a lineal ancestor, or

( b ) a lineal descendant, or

( c ) a lineal descendant of an ancestor not more remote than a great-grandfather or great-grandmother;

the expression "resident medical superintendent" means a chief medical officer under section 94 of this Act for a district mental hospital;

the expression "temporary patient" means a patient either—

( a ) who is—

(i) suffering from mental illness, and

(ii) is believed to require, for his recovery, not more than six months suitable treatment, and

(iii) is unfit on account of his mental state for treatment as a voluntary patient, or

( b ) who is—

(i) an addict, and

(ii) is believed to require, for his recovery, at least six months preventive and curative treatment;

the expression "temporary chargeable patient reception order" means a temporary chargeable patient reception order under Chapter III of Part XIV of this Act;

the expression "temporary private patient reception order" means a temporary private patient reception order under Chapter III of Part XIV of this Act;

the expression "visiting committee of an auxiliary mental hospital" means a committee appointed under section 97 of this Act to visit an auxiliary mental hospital;

the expression "visiting committee of a district mental hospital" means a committee appointed under section 96 of this Act to visit a district mental hospital and the other institutions and accommodation maintained by a mental hospital authority;

the expression "voluntary patient" means a person who acting by himself or, in the case of a person less than sixteen years of age, by his parent or guardian, submits himself voluntarily for treatment for illness of a mental or kindred nature.

Person in charge.

4.—In this Act, the expression "person in charge" means—

( a ) in relation to a district mental hospital—the resident medical superintendent of the hospital,

( b ) in relation to any other institution maintained by a mental hospital authority—the medical officer of the institution,

( c ) in relation to a private institution for the reception of more than one patient, a private charitable institution, an authorised institution, or an approved institution (not being a district mental hospital or other institution maintained by a mental hospital authority)—the person for the time being managing the institution,

( d ) in relation to a private institution for the reception of one patient only—the person in whose charge the patient is for the time being.

Authorised medical officer.

5.—the authorised medical officer

(1) In this Act, the expression "the authorised medical officer", when used with respect to a person to whom an application under this Act relates, means—

( a ) if the person ordinarily resides in a dispensary district for which there is one medical officer only, either—

(i) if that medical officer is not disqualified in relation to the person—that medical officer, or

(ii) if that medical officer is disqualified in relation to the person—the nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person,

( b ) if the person ordinarily resides in a dispensary district for which there are more medical officers than one, either—

(i) the nearest available of such of those medical officers as are not disqualified in relation to the person, or

(ii) in case none of those medical officers is available or all of them are disqualified in relation to the person, or some are not available and the remainder are disqualified in relation to the person—the nearest available of the medical officers of dispensary districts who are not disqualified in relation to the person.

(2) A medical officer for a dispensary district shall, for the purposes of subsection (1) of this section, be disqualified in relation to a person—

( a ) if such officer is interested in the payments (if any) to be made on account of the taking care of the person, or

( b ) if such officer is the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, stepdaughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, or guardian or trustee of the person.

Place of ordinary residence of person of no fixed residence.

6.—For the purposes of this Act, a person of no fixed residence shall be regarded as being ordinarily resident at the place where he is for the time being.

Applicant for reception order in case of private patient.

7.—In this Act, any reference to the applicant for a reception order shall, in the case of a private patient on account of whom payments are made, be construed as a reference to the person who made the last payment on account of the patient.

Regulations.

8.—The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed or as being the subject of regulations, but no such regulation which includes provision in respect of a payment to be made to or by the Minister shall be made without the consent of the Minister for Finance.

Collection and disposal of moneys payable to the Minister.

9.—(1) All moneys payable under this Act to the Minister shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable under this Act to the Minister.

Expenses of the Minister.

10.—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.

Repeals.

11.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) The repeal by this section of the Asylum Officers' Superannuation Act, 1909, shall be subject to the following qualifications:—

( a ) the said Act shall continue to have effect so far as may be necessary for the purposes of paragraph (b) of subsection (1) and paragraph (b) of subsection (2) of section 64 of this Act ;

( b ) the repeal shall not affect the payment of any superannuation allowance granted before the repeal comes into operation.

PART II THE INSPECTOR OF MENTAL HOSPITALS AND ASSISTANT INSPECTORS OF MENTAL HOSPITALS

The Inspector of Mental Hospitals.

12.—(1) There shall be an inspector of mental institutions for the purposes of this Act and such inspector shall be known and is in this Act referred to as the Inspector of Mental Hospitals.

(2) The Minister shall from time to time appoint a registered medical practitioner to be the Inspector of Mental Hospitals.

(3) Where any person held, immediately before the commencement of this Part of this Act, the office of inspector of lunatics under the law then in force, such person shall be deemed to have been appointed by the Minister immediately upon the commencement of this Part of this Act to be the Inspector of Mental Hospitals.

(4) The Minister may appoint any of his medical inspectors to act as substitute for the Inspector of Mental Hospitals during any particular period or for any particular purpose and, during that period or for that purpose (as the case may be), the person so appointed shall be regarded as being the Inspector of Mental Hospitals and every reference in this Act to the Inspector of Mental Hospitals shall be construed accordingly.

Assistant inspectors of mental hospitals.

13.—(1) The Minister, with the consent of the Minister for Finance, may from time to time appoint such and so many registered medical practitioners to be assistant inspectors of mental institutions for the purposes of this Act (in this Act referred to as assistant inspectors of mental hospitals) as he thinks proper.

(2) The Inspector of Mental Hospitals may act by any assistant inspector of mental hospitals, and accordingly an assistant inspector of mental hospitals shall have all the powers for the time being conferred by law on the Inspector of Mental Hospitals, and any reference in any enactment (including this Act) to the Inspector of Mental Hospitals shall, unless the contrary intention appears, be construed as including a reference to any assistant inspector of mental hospitals.

PART III MENTAL HOSPITAL DISTRICTS AND MENTAL HOSPITAL AUTHORITIES

Mental hospital districts.

14.—(1) For the purposes of this Act the State shall be divided into the districts specified in the Second Schedule to this Act, and such districts shall be known and are in this Act referred to as mental hospital districts.

(2) The Minister may by order change the area to be included in any mental hospital districts, subject to the limitation that any area so changed shall consist of an administrative county, two or more administrative counties, a county borough, a county borough and an administrative county, or a county borough and two or more administrative counties.

(3) The Minister may include in an order under subsection (2) of this section such consequential and ancillary provisions as he thinks proper, including, in particular, provisions relating to—

( a ) the transfer or retention of property or liabilities,

( b ) the payment, on account of any such transfer or retention, of money, either in one sum or by instalments,

( c ) the transfer of officers or servants,

( d ) the transfer of patients.

Mental hospital authorities.

15.—There shall be a local administrative authority for each mental hospital district and such authority shall be—

( a ) where the mental hospital district consists of an administrative County—the council of the county, and

( b ) where the mental hospital district consists of a county borough—the corporation of the county borough, and

( c ) in any other case—a board appointed jointly in accordance with section 16 of this Act .

Appointment of joint board, etc.

16.—A joint board shall be appointed in accordance with the provisions in that behalf of the Rules contained in the Third Schedule to this Act and the other provisions of those Rules shall also have effect in relation to a joint board.

General provisions relating to joint board.

17.—The following provisions shall have effect in relation to a joint board—

( a ) the board shall be a body corporate with perpetual succession by the name given to them by order of the Minister,

( b ) the board shall have power to sue and be sued in their corporate name,

( c ) the board shall have power to hold and dispose of land,

( d ) the board shall provide and have a common seal and such seal shall be authenticated by the signature of the chairman or some other member authorised to act in that behalf and the signature of an officer of the board authorised to act in that behalf,

( e ) all courts of justice shall take judicial notice of the seal of the board and every document purporting to be an order or other instrument made by them and to be sealed with their seal (purporting to be authenticated in accordance with the foregoing paragraph) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown,

( f ) the board shall be an elective body within the meaning and for the purposes of the County Management Acts, 1940 and 1942,

( g ) the board shall for all purposes be the successors of the joint committee of management which immediately before the commencement of this Part of this Act operated under section 9 of the Local Government (Ireland) Act, 1898, in respect of the relevant district and, accordingly, every reference in any statute or other enactment in force immediately before the commencement of this Part of this Act to a joint committee of management of a district mental hospital shall be deemed, where appropriate, to include a reference to the board and every reference in this Act to a joint board shall be deemed, where appropriate, to include a reference to the joint committee of which the board are the successors,

( h ) the Minister may by order make such provision as he thinks proper in regard to any matters which arise in consequence of the first establishment of the board and in respect of which provision is not made by this Act.

Transfer of property to joint board, etc.

18.—The following provisions shall have effect in relation to a joint board and the local authorities appointing the members thereof:—

( a ) all property and assets (including choses-in-action) vested in or belonging to the authorities immediately before the commencement of this Part of this Act for the purposes of a hospital or other institution maintainable by the board shall, upon such commencement, become and be the property and assets of the board by virtue of this section without any conveyance, assignment, or act other than transfer (where appropriate) in the books of a bank, company, or other body;

( b ) all debts and liabilities (present or future) incurred by the authorities in relation to such hospital or other institution and owing immediately before the commencement of this Part of this Act (whether then presently due or to become due certainly or contingently in future) shall upon such commencement become and be the debts and liabilities of the board and shall be discharged in due course by them;

( c ) every bond, guarantee, or other security of a continuing character made or given in relation to such hospital or other institution by the authorities to another person or by any person to the authorities and in force immediately before the commencement of this Part of this Act, and every contract or agreement in writing made in relation to such hospital or other institution between the authorities and another person not fully executed and completed before the commencement of this Act, shall continue in force after such commencement but shall be construed and have effect as if the board were substituted therein for the authorities, and such security, contract, or agreement shall be enforceable by or against the board accordingly;

( d ) in every action, suit, prosecution, or other proceeding in relation to such hospital or other institution which is pending at the commencement of this Part of this Act and to which the authorities are parties, the board shall, on the commencement of this Part of this Act, become and be a party in the place of the authorities and such action, suit, prosecution, or other proceeding shall be continued between the board and the other parties thereto accordingly;

( e ) every person who immediately before the commencement of this Part of this Act is an officer or servant in such hospital or other institution shall upon such commencement become and be an officer or servant (as the case may require) of the board upon, subject to the provisions of this Act, the same terms and conditions as those upon which he held office or employment immediately before such commencement;

( f ) all moneys raised in relation to such hospital or other institution by any of the authorities before the commencement of this Part of this Act may be levied after such commencement as if this Act had not been passed and shall be paid to the board for the purposes of their functions under this Act.

PART IV GENERAL DUTY OF MENTAL HOSPITAL AUTHORITY TO PROVIDE TREATMENT, MAINTENANCE, ADVICE AND SERVICES

General duty of mental hospital authority to provide treatment, maintenance, advice and services.

19.—Where—

( a ) a person is ordinarily resident in a mental hospital district, and

( b ) such person requires, by reason of mental illness, any treatment, maintenance, advice or service, and

( c ) such person (with the persons, if any, liable to maintain him) is unable to provide the whole of the cost of such treatment, maintenance, advice or service,

the mental hospital authority for such mental hospital district shall, subject to the provisions of this Act, provide such treatment, maintenance, advice or service for such person.

PART V INSTITUTIONS TO BE PROVIDED AND MAINTAINED BY MENTAL HOSPITAL AUTHORITIES

General duty to provide accommodation.

20.—(1) A mental hospital authority shall provide and maintain proper and sufficient accommodation for carrying out their functions under this Act.

(2) Where the Minister is of opinion that a mental hospital authority have failed in any respect to perform their duties under subsection (1) of this section, he may by order require them to remedy their failure within the time and in the manner (if any) specified in the order, and it shall be the duty of the authority to comply with the order,

District mental hospital.

21.—A mental hospital authority shall provide and maintain a mental hospital for their mental hospital district.

Auxiliary mental hospital.

22.—(1) A mental hospital authority may, and shall, if so directed by the Minister, provide and maintain a mental hospital, auxiliary to their district mental hospital, for the reception of patients who, not being dangerous to themselves or others, are certified by the resident medical superintendent of such district mental hospital not to require special care and treatment in a fully equipped mental hospital.

(2) An auxiliary mental hospital shall be either a separate hospital or, if the Minister so directs, a part of the relevant district mental hospital.

Accommodation for temporary and voluntary patients.

23.—The Minister may by order require a mental hospital authority to provide within a specified time specified accommodation for temporary and voluntary patients and it shall be the duty of the authority to comply with the order.

Consulting rooms and clinics.

24.—(1) A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain, either in their district mental hospital or elsewhere, consulting rooms or clinics for affording advice and preventive and curative treatment in cases of mental disorder (including cases of suspected or incipient mental disorder) and for the investigation of such cases.

(2) Where the Minister gives a direction under sub-section (1) of this section, he may specify in the direction the place or places at which any consulting rooms or clinics mentioned in the direction are to be provided and it shall be the duty of the mental hospital authority to whom the direction is given to provide such consulting rooms or clinics at such place or places.

(3) Where a mental hospital authority propose to provide under this section consulting rooms or clinics (whether of their own motion or in compliance with a direction of the Minister), they may, with the consent of the Minister, arrange, in lieu of providing such consulting rooms or clinics, that accommodation at any mental institution or any hospital, clinic, dispensary or health centre will be available for use as such consulting rooms or clinics.

(4) Where a consulting room or clinic is provided under this section by a mental hospital authority, the authority may allow persons to attend at the consulting room or clinic as private patients and may charge for such attendances fees in accordance with a scale approved of by the Minister.

Laboratory.

25.—(1) A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain a laboratory for research in connection with mental and nervous diseases.

(2) A mental hospital authority by whom a laboratory is maintained under this section may permit the services afforded by the laboratory to be available for a mental institution not maintained by such authority and may make such charge as they consider reasonable where any service is availed of under such permission.

Additional institutions and accommodation.

26.—In addition to the institutions and accommodation specifically mentioned in this Part of this Act, a mental hospital authority shall provide and maintain such other institutions and accommodation in connection with the discharge of their functions under this Act as the Minister from time to time directs and shall provide such institutions and accommodation at the places specified by the Minister.

Certain institutions to be deemed to be provided under this Part of this Act.

27.—Every institution which immediately before the commencement of this Part of this Act was an institution provided under section 9 or section 76 (both repealed by this Act) of the Local Government (Ireland) Act, 1898, shall, immediately upon such commencement, be deemed to be provided under this Part of this Act by the mental hospital authority for the mental hospital district in which the institution is situated and shall be maintained by that authority accordingly.

General duty to carry on in a proper manner institutions and accommodation maintained by mental hospital authority.

28.—It shall be the duty of a mental hospital authority to carry on in a proper manner their district mental hospital and all other institutions and accommodation maintained by them under this Part of this Act.

Residences for staff.

29.—A mental hospital authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain in connection with any institution maintained by them suitable residences or residential accommodation for members of the staff of the institution.

Burial place.

30.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, provide and maintain a burial place for the burial of the remains of patients who die while being maintained by the authority.

Enlargement of institution maintained by mental hospital authority, etc.

31.—A mental hospital authority shall, as and when the Minister by order so directs,—

( a ) enlarge, alter, or restore in accordance with the order any institution maintained by the authority,

( b ) provide in accordance with the order new, improved, or additional drainage, ventilation, water supply, lighting, heating, or any other service for any such institution,

( c ) provide and maintain in any such institution all such fixtures, fittings, furniture, surgical and medical appliances, and other conveniences as are specified in the order.

Contribution to cost of public water supply.

32.—A mental hospital authority may, with the consent of the Minister, and shall, if so, directed by the Minister, contribute to the capital cost of a public water supply for the purpose of enabling them to obtain a supply of water for any institution maintained by them.

Contribution to cost of public sewerage scheme.

33.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of a public sewerage scheme for the purpose of enabling them to obtain disposal of sewage from any institution maintained by them.

Contributions to cost of providing clinic, dispensary or health centre.

34.—A mental hospital authority may, with the consent of the Minister, and shall, if so directed by the Minister, contribute to the capital cost of providing a clinic, dispensary or health centre in which the authority (whether of their own motion or in compliance with a direction of the Minister) propose to arrange under section 24 of this Act that accommodation will be available as a consulting room or clinic.

Restriction on erecting institution to be maintained by mental hospital authority, etc.

35.—A proposal for the erection at a cost exceeding five hundred pounds of an institution to be maintained by a mental hospital authority or for the restoration, enlargement, or other alteration at such a cost of an institution maintained by a mental hospital authority shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.

Restriction on erecting buildings attached to institution maintained by mental hospital authority, etc.

36.—A proposal for the erection at a cost exceeding five hundred pounds of buildings intended to be attached or used for the purposes of an institution maintained by a mental hospital authority or for the restoration, enlargement, or other alteration at such a cost of buildings attached to or used for the purposes of such institution shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.

Restriction on repairs, etc.

37.—A proposal for the repair or reconditioning at a cost exceeding five hundred pounds of buildings attached to or used for the purpose of an institution maintained by a mental hospital authority shall not be carried out unless and until the plan or specification relating to the proposal is approved of by the Minister nor save in accordance with the directions given by the Minister from time to time.

Provision by two or more mental hospital authorities jointly of institution.

38.—(1) Two or more mental hospital authorities may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain jointly an institution for any class of patients, not being persons dangerous to themselves or others.

(2) Where an institution is to be provided under this section, the Minister shall make the appropriate order under this Act setting up a joint authority through whom the institution shall be managed.

(3) Where an institution is provided under this section, each of the mental hospital authorities concerned may remove to the institution any patient maintained by them, not being a person dangerous to himself or others.

Provision by two or more mental hospital authorities jointly of laboratory.

39.—(1) Two or more mental hospital authorities may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain jointly a laboratory for research in connection with mental and nervous diseases.

(2) Where a laboratory is to be provided under this section, the Minister shall make the appropriate order under this Act setting up a joint authority through whom the laboratory shall be managed.

(3) A joint authority through whom a laboratory is managed under this section on behalf of any mental hospital authorities may permit the services afforded by the laboratory to be available for a mental institution not maintained by any of those authorities and may make such charge as they consider reasonable where any service is availed of under such permission.

General regulations in relation to institutions maintained by mental hospital authorities.

40.—The Minister may make general regulations governing, subject to the provisions of this Act, the carrying on of district mental hospitals, auxiliary mental hospitals and other institutions maintained by mental hospital authorities and the admission to, detention in, transfer between, and discharge from such hospitals and institutions of patients, and it shall be the duty of every mental hospital authority to comply with such regulations.

Special regulations in relation to particular institution maintained by a mental hospital authority.

41.—(1) A mental hospital authority may, with the consent of the Minister, make special regulations governing, subject to the provisions of this Act and of any general regulations made under section 40 of this Act , the carrying on of any particular institution maintained by them, and it shall be the duty of the authority to comply with such regulations.

(2) The Minister may require a mental hospital authority to make under this section any regulation which he considers necessary for the carrying on of any particular institution maintained by them and, if the authority fail to make such regulation, it may be made by the Minister and shall have the like effect as if made by the authority.

(3) Until regulations are made under this section in relation to any particular institution, all regulations or rules in force immediately before the commencement of this Part of this Act in relation thereto under sub-section (6) of section 9 (repealed by this Act) or proviso (b) (repealed by this Act) to sub-section (2) of section 110 of the Local Government (Ireland) Act, 1898, shall subject to the provisions of this Act and any general regulations made under section 40 of this Act , continue to have effect and be capable of being amended or revoked as if they were regulations made under this section.

(4) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

Discontinuance of institution maintained by mental hospital authority.

42.—(1) The Minister, if he so thinks proper after the holding of an inquiry under this Act, may by order direct a mental hospital authority to discontinue as from a specified date any specified institution, not being a district mental hospital, for the time being maintained by them and may include in the order all such provisions as appear to him to be necessary and proper in relation to matters incidental to or consequential on the discontinuance of such institution.

(2) It shall be the duty of the mental hospital authority to whom an order under this section relates to comply with such order.

PART VI FINANCIAL PROVISIONS RELATING TO MENTAL HOSPITAL AUTHORITIES

Expenses of mental hospital authorities.

43.—(1) Where a mental hospital district consists of an administrative county, the expenses incurred by the mental hospital authority for the district shall be defrayed by that authority and shall be raised by means of the poor rate equally over the whole of such county.

(2) Where a mental hospital district consists of a county borough, the expenses incurred by the mental hospital authority for the district shall be defrayed by that authority.

(3) Where a mental hospital district consists of two or more administrative counties, the sum required to defray the expenses incurred by the mental hospital authority for the district during every year ending on the 31st day of March shall be supplied by the councils of the counties severally in proportion to the net cost of maintenance, determined by the prescribed method, of the chargeable patients from their respective functional areas maintained by the mental hospital authority during such year, and the proportionate part of that sum of each such council of a county shall be raised by means of the poor rate equally over the whole of the county.

(4) Where a mental hospital district consists of a county borough and one or more administrative counties, the sum required to defray the expenses incurred by the mental hospital authority for the district during every year ending on the 31st day of March shall be supplied by the corporation of such borough and the council of such county or the councils of such counties severally in proportion to the net cost of maintenance, determined by the prescribed method, of the chargeable patients from their respective functional areas maintained by the mental hospital authority during such year, and the proportionate part of that sum of such council of a county or of each such council of a county shall be raised by means of the poor rate equally over the whole of the county.

(5) All moneys required by this section to be supplied by the council of a county or the corporation of a county borough shall be supplied on demand made by the relevant joint board in the prescribed form and manner and at the prescribed time.

Borrowing.

44.—(1) A mental hospital authority may borrow for the purposes of defraying any expense incurred by them in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.

(2) The provisions of the Public Health Acts, 1878 to 1931, in relation to borrowing by a sanitary authority (except sub-sections (2) and (3) of section 238 of the Public Health (Ireland) Act, 1878) shall, with the necessary modifications, apply in relation to any borrowing under this section.

(3) Money borrowed under this section may be lent by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1940, and was authorised by an Act of the Oireachtas.

Limit on borrowing.

45.—(1) The amount standing at any particular time borrowed by a mental hospital authority which is a joint board, or by a council of a county or corporation of a county borough as a mental hospital authority, shall not exceed one-fourth of the total amount of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts in the mental hospital district of such mental hospital authority.

(2) The amount standing at any particular time borrowed by a council of a county as a mental hospital authority shall not be reckoned as part of the total debt of the council for the purpose of the limitation on borrowing imposed by Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898.

Treasurer of joint board.

46.—A joint board shall appoint a banking company to act as their treasurer.

Amounts received by joint board.

47.—(1) All amounts payable to a joint board shall be paid to and received by their treasurer and, when so received, shall be placed by the treasurer to the credit of the board.

(2) The receipt of the treasurer of a joint board shall be the only good discharge to a person paying money to the board.

(3) Notwithstanding the provisions of subsection (2) of this section, the receipt of an officer of a joint board, duly authorised by them or by or under any enactment to receive payments of a particular class, shall be a good discharge to a person making a payment of that class to that officer.

Amounts paid by joint board.

48.—(1) All amounts payable by a joint board shall be paid by their treasurer.

(2) The treasurer of a joint board shall not make any payment out of their funds except—

( a ) in pursuance of an order of a Court, or

( b ) with an authority given under section 21 of the County Management Act, 1940 ( No. 12 of 1940 ).

Audit of accounts of joint board.

49.—Section 12 and sections 14, 15, 17, and 18 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, sections 19 to 22 of the Local Government (Ireland) Act, 1902, and paragraph (3) of Article 19 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall (subject to the provisions of Part VII of the Local Government Act, 1941 ( No. 23 of 1941 )) apply to the audit of the accounts of the receipts and payments of a joint board and to the auditor appointed to audit such accounts.

PART VII ACQUISITION AND DISPOSAL OF LAND BY MENTAL HOSPITAL AUTHORITIES

Definitions for purposes of Part VII.

50.—In this Part of this Act—

the word "land" includes water and any estate or interest in land or water and any easement or right in to or over land or water,

the expression "compulsory acquisition order" means an order under this Part of this Act for the acquisition compulsorily of land.

Powers of mental hospital authority to acquire land.

51.—A mental hospital authority may, for the purposes of their powers and duties, acquire land either by agreement with the consent of the Minister or compulsorily under this Part of this Act and the Acts incorporated therewith.

Incorporation of Lands Clauses Acts.

52.—For the purpose of the acquisition of land under this Part of this Act by a mental hospital authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say:—

( a ) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be so incorporated;

( b ) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the mental hospital authority shall be deemed to be the promoters of the undertaking;

( c ) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated—

the expression "local authority" shall mean a mental hospital authority;

the expression "confirming Act" shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act;

the expression "confirming authority" shall mean the Minister; and

references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act;

( d ) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making, of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest was not reasonably necessary and was effected with a view to obtaining or increasing the compensation.

Power of mental hospital authority to inspect land.

53.—(1) An officer or agent of a mental hospital authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of nine o'clock in the forenoon and six o'clock in the afternoon for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.

(2) A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.

(3) Before a person enters under this section on any land, the mental hospital authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days notice in writing of the intention to make the entry.

(4) A person to whom a notice of intention to enter on land has been given under this section by a mental hospital authority may, not later than fourteen days after the giving of such notice, apply, on notice to such mental hospital authority, to the justice of the District Court having jurisdiction in the district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

(6) A person who suffers damage by anything done under this section on any land and, within one month after such thing is done, makes to the mental hospital authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the authority in any court of competent jurisdiction as a simple contract debt.

(7) In default of agreement, the amount of any compensation payable by a mental hospital authority under this section shall, if the amount claimed in respect thereof does not exceed twenty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.

(8) Every person who shall, by act or omission, obstruct an officer or agent of a mental hospital authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five 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.

Making of compulsory acquisition order.

54.—(1) Where a mental hospital authority desire to acquire compulsorily under this Part of this Act any particular land, they may make an order that such land be acquired compulsorily under this Part of this Act.

(2) A compulsory acquisition order shall be in the prescribed form and shall describe the lands to which it relates by reference to a map complying with the prescribed conditions.

Notices, etc., of making of compulsory acquisition order.

55.—(1) Where a mental hospital authority make a compulsory acquisition order, they shall—

( a ) publish at least once in a newspaper circulating in their mental hospital district an advertisement in the prescribed form stating that a compulsory acquisition order has been made by them in respect of specified land and that the order and the map referred to therein may be inspected at a specified place, and

( b ) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which the order relates a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this subsection and also stating that any person aggrieved by the order may send to the Minister, in a specified manner and within a specified time, an objection to the order.

(2) A mental hospital authority who have made a compulsory acquisition order and complied in respect thereof with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.

Confirmation of compulsory acquisition order.

56.—Where an application is made under this Part of this Act to the Minister for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with, the following provisions shall have effect:—

( a ) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister or every such objection so made is withdrawn, the Minister may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper;

( b ) in any case to which paragraph (a) of this section applies, the Minister may, if he so thinks fit, before dealing with the application cause an inquiry under this Act to be held in respect of the compulsory acquisition order;

( c ) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister and is not withdrawn, the Minister shall cause an inquiry under this Act to be held in respect of the compulsory acquisition order;

( d ) where an inquiry is held in pursuance of the next preceding paragraph, the Minister, having considered the report of the person by whom the inquiry was held and the objection or all the objections which occasioned the holding of the inquiry, may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper.

Notices, etc., of confirmation of compulsory acquisition order.

57.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the mental hospital authority by whom the compulsory acquisition order was made shall—

( a ) publish in a newspaper circulating in their mental hospital district an advertisement in the prescribed form stating that the compulsory acquisition order has been confirmed by the Minister and that a copy thereof as so confirmed and the map referred to therein may be inspected at a specified place, and

( b ) give to every person who appeared at the inquiry (if any) held in respect of the compulsory acquisition order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this section.

Annulment of compulsory acquisition order by the High Court.

58.—(1) A person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of the order by the Minister, apply to the High Court for the complete or the partial annulment of the order, and the High Court, if it is satisfied that the order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making the application or any other person has been substantially prejudiced by any failure to comply in relation to the order with the provisions of this Part of this Act, may, as the High Court thinks proper, annul the whole of the order or annul a part thereof.

(2) Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which the application relates until the application has been finally determined.

(3) Save as is otherwise provided by this section, a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any Court.

Commencement of compulsory acquisition order.

59.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation—

( a ) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of the order on the final determination of that application, or

( b ) if no such application is so made on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of the order by the Minister.

(2) As soon as may be after a compulsory acquisition order comes into operation, the mental hospital authority by whom the order was made shall give a copy of the order to every person to whom notice of the making of the order was given in pursuance of this Part of this Act.

Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.

60.—Where land acquired by a mental hospital authority is subject in conjunction with other land to an annuity or other annual payment payable to the Irish Land Commission, or to the Commissioners of Public Works in Ireland, the said Commission or the said Commissioners (as the case may be) may apportion the annuity or other annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of the annuity or other annual payment on any part of the land subject thereto in exoneration of the residue of such land.

Appropriation of surplus land to other purposes.

61.—A mental hospital authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of their powers and duties any land vested for any purpose in them and not required for the purpose for which it was acquired.

Disposal of surplus land.

62.—(1) A mental hospital authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land acquired by them.

(2) The proceeds of the sale under this section of any land by a mental hospital authority shall, so far as such proceeds are capital money, be applied with the consent of the Minister to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by the authority.

(3) Where land is exchanged under this section by a mental hospital authority, the land taken in such exchange shall (subject to the provisions of this Part of this Act in relation to the appropriation and use of land not required for the purpose for which it was acquired) be applied to the purposes to which the land given in such exchange was applicable by the authority.

PART VIII SUPERANNUATION, ETC., OF OFFICERS AND SERVANTS OF MENTAL HOSPITAL AUTHORITIES

Definitions for purposes of Part VIII.

63.—(1) In this Part of this Act—

the word "officer" means an officer whose duties relate to the functions of a mental hospital authority under this Act and who either—

( a ) devotes the whole of his time to the service of one or more than one mental hospital authority, or

( b ) is required by virtue of his office to be a registered medical practitioner,

but the said word does not include an officer who is appointed to hold an office either—

( a ) for a specified period, or

( b ) until a specified work or duty has been completed, or

( c ) until the appointment of another person to hold such office, or

( d ) as a substitute officer;

the word "servant" means a servant whose duties relate to the functions of a mental hospital authority under this Act and who devotes the whole of his time to the service of one or more than one mental hospital authority, but the said word does not include a servant who is appointed to hold a position either—

( a ) for a specified period, or

( b ) until a specified work or duty has been completed, or

( c ) until the appointment of another person to hold such position, or

( d ) as a substitute servant;

the words "salary" and "wages" include emoluments, but do not include payments for overtime, travelling expenses, or any allowances paid to cover the cost of office accommodation or clerical assistance;

the word "emoluments" includes all fees, poundage, and other payments paid by a mental hospital authority to any of their officers or servants as such for his own use, and also the money value of any apartments, rations, or other allowance in kind appertaining to his office or employment;

the expression "the appropriate medical officer" means the resident medical superintendent of the district mental hospital maintained by the relevant mental hospital authority;

the expression "the Act of 1909" means the Asylum Officers' Superannuation Act, 1909.

(2) A mental hospital authority shall from time to time or as directed by the Minister determine, with the consent of the Minister, the annual value in money of the emoluments of their officers and servants and shall keep affixed in a conspicuous position in each institution maintained by them a detailed list of the values determined as aforesaid of the emoluments of the officers and servants employed in such institution.

(3) The yearly salary or wages of an officer or servant shall, for the purposes of this Part of this Act, be taken to be the average amount of his yearly salary or wages during the three years ending on the quarter day immediately preceding the day on which he ceases to hold office or employment or, in the case of an officer or servant with less than three years' service, the average amount of his yearly salary or wages during the whole period of his service.

(4) For the purposes of this Part of this Act, service of an officer or servant of a mental hospital authority which was given before the commencement of this Part of this Act and in respect of which contributions were made under the Act of 1909 shall be deemed to be service under a mental hospital authority and, in case the service or any part thereof was service with a committee to which a joint board are the successor, the service or the said part of the service shall be deemed to be service under the joint board.

(5) Where an officer or servant of a mental hospital authority gave service before the commencement of this Part of this Act in respect of which he would have made contributions under the Act of 1909 but for such service having been given while he was regarded as not being an established officer or servant within the meaning of the Act of 1909, such officer or servant may elect to make such contributions after the commencement of this Part of this Act notwithstanding that the Act of 1909 has been repealed and, on so making such contributions, they shall be regarded for the purposes of this Part of this Act as contributions made under the Act of 1909.

Non-application of Part VIII in certain cases.

64.—(1) Where a person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority was, immediately before such commencement, subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments repealed by the Act of 1909—

( a ) this Part of this Act (with the exception of this subsection) shall not apply to such person, and

( b ) such person shall continue to be subject to the said provisions repealed by the Act of 1909.

(2) A person who, upon the commencement of this Part of this Act, is an officer or servant of a mental hospital authority and who, immediately before such commencement, was not a person subject, by virtue of section 20 of the Act of 1909, to the provisions of the enactments, repealed by the Act of 1909 may, not later than six months after the commencement of this Part of this Act, signify in writing to the authority that he does not wish to avail himself of the provisions of this Part of this Act, and thereupon—

( a ) this Part of this Act (with the exception of this subsection) shall not apply and shall be deemed never to have applied to such person, and

( b ) such person shall, with effect as from the commencement of this Part of this Act, continue to be subject to the same enactments relating to superannuation and like matters as he was subject to immediately before such commencement, subject to the modification that, in any application to him of section 16 of the Act of 1909, the word "three" shall be substituted for the word "ten" in both places where the latter word occurs in the said section 16.

65.—(1) A mental hospital authority shall maintain a register of the officers and servants employed by them who have the care or charge of patients in the usual course of their employment.

(2) A mental hospital authority shall, on the application of an officer or servant employed by them, inform him in writing whether his name is or is not entered in the register maintained under this section by them.

(3) A mental hospital authority shall keep affixed in a conspicuous position in each institution maintained by them a notice stating that, on the application of an officer or servant employed by them, they will inform him whether his name is or is not entered in the register maintained under this section by them.

(4) No name, other than the name of an officer or servant whose employment consists solely of the care or charge of patients, shall be entered in a register maintained under this section save with the consent of the Minister.

(5) No name shall be removed from a register maintained under this section save with the consent of the Minister.

(6) If an officer or servant of a mental hospital authority is aggrieved by their failure or refusal to enter his name in the register maintained by them under this section, he may complain to the Minister in writing and, if after consideration of the complaint, the Minister directs the authority to enter the name of the officer or servant in such register, they shall carry out such direction.

Superannuation of registered officers and servants.

66.—(1) This section applies to every officer or servant of a mental hospital authority—

( a ) whose name is registered in the register maintained under this Part of this Act by the authority, and

( b ) who has been in the service of a mental hospital authority for not less than twenty years, and

( c ) who is not less than fifty-five years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority, who, while this section applies to him, resigns or otherwise ceases to hold office or employment shall be entitled to receive from the authority—

( a ) an allowance during life the annual amount of which shall consist of—

(i) twenty-eightieths of his yearly salary or wages, and

(ii) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-eightieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years, and

( b ) a lump sum consisting of—

(i) twenty-thirtieths of his yearly salary or wages, and

(ii) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-thirtieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years.

Pensions, etc., to registered officers and servants on being incapacitated.

67.—(1) This section applies to every officer or servant of a mental hospital authority—

( a ) whose name is registered in the register maintained under this Part of this Act by the authority, and

( b ) who has been in the service of a mental hospital authority for not less than ten years, and

( c ) who either—

(i) has been in the service of a mental hospital authority for less than twenty years, or

(ii) is less than fifty-five years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment on account of having sustained or contracted, otherwise than through his own misconduct, any physical or mental injury or illness which is certified by the appropriate medical officer to have caused permanent incapacity for taking care of patients shall be entitled to receive from the authority—

( a ) where he has been in the service of a mental hospital authority for less than twenty years—

(i) an allowance during life or incapacity the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and

(ii) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service; and

( b ) where he has been in the service of a mental hospital authority for twenty years or longer—

(i) an allowance during life or incapacity the annual amount of which shall consist of—

(I) twenty-eightieths of his yearly salary or wages, and

(II) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-eightieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years, and

(ii) a lump sum consisting of—

(I) twenty-thirtieths of his yearly salary or wages, and

(II) where he has been in the service of a mental hospital authority for twenty-one or more completed years, two-thirtieths of his yearly salary or wages in respect of each of the twenty-first and the subsequent (if any) of such completed years.

Superannuation of officers and servants who are not registered.

68.—(1) This section applies to every officer or servant of a mental hospital authority—

( a ) whose name is not registered in the register maintained under this Part of this Act by the authority, and

( b ) who has been in the service of a mental hospital authority for not less than twenty years, and

( c ) who is not less than sixty years of age.

( a ) an allowance during life the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and

( b ) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service.

Pensions, etc., to officers and servants who are not registered on being incapacitated.

69.—(1) This section applies to every officer or servant of a mental hospital authority—

( a ) whose name is not registered in the register maintained under this Part of this Act by the authority, and

( b ) who has been in the service of a mental hospital authority for not less than ten years, and

( c ) who either—

(i) has been in service of a mental hospital authority for less than twenty years, or

(ii) is less than sixty years of age.

(2) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority who, while this section applies to him, resigns or otherwise ceases to hold office or employment on account of having sustained or contracted, otherwise than through his own misconduct, any physical or mental injury or illness which is certified by the appropriate medical officer to have caused permanent incapacity for the performance of his duties shall be entitled to receive from that authority—

( a ) an allowance during life or incapacity the annual amount of which shall consist of one-eightieth of his yearly salary or wages in respect of each of his completed years of service, and

( b ) a lump sum consisting of one-thirtieth of his yearly salary or wages in respect of each of his completed years of service.

Payment where officer or servant dies.

70.—Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for five years or longer, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act ) may, in their discretion, pay to the legal personal representative of such officer or servant—

( a ) where such officer or servant would, if he had not died but had resigned at the time when his death occurred, have been entitled to receive under this Part of this Act a lump sum—such lump sum or a year's salary or wages (whichever is the greater), or

( b ) in any other case—a year's salary or wages.

Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.

71.—(1) Where—

( a ) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and

( b ) the injury is directly attributable to the nature of his duties, and

( c ) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and

( d ) he has been in the service of a mental hospital authority for less than ten years,

the mental hospital authority in whose service he is injured may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such annual allowance and lump sum as in all the circumstances of the case they consider proper.

(2) A mental hospital authority, in determining the amounts of the annual allowance and lump sum to be granted under subsection (1) of this section to an injured officer or servant shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.

(3) Where—

( a ) an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, contracts, otherwise than through his own misconduct or negligence, any physical or mental illness in the service of such authority, and

( b ) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness for performing his duties, and

( c ) he has been in the service of a mental hospital authority for five years or longer and less than ten years,

the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such allowance and lump sum as in all the circumstances of the case they consider proper.

(4) The amount of an allowance or lump sum granted under subsection (3) of this section shall not exceed the amount which would be appropriate if it were being granted under section 67 of this Act on the basis of the grantee having twice the number of his actual completed years of service.

Pension, etc., in certain special cases.

72.—(1) A mental hospital authority shall, with the consent of the Minister, grant to any officer or servant in their service, who has been in the service of a mental hospital authority for not less than ten years and—

( a ) who is removed from his office or employment for a cause other than misconduct or incapacity, or

( b ) whose office or employment is abolished, or

( c ) whose position has, in the opinion of the Minister, been materially altered to his detriment owing to changes in his conditions of service made without reasonable cause, and who resigns his office or employment with the consent of the Minister,

such annual allowance and lump sum as in all the circumstances of the case they consider proper.

(2) Where an officer or servant of a mental hospital authority becomes entitled to be granted an allowance and lump sum under this section, and he would, but for this sub-section, also be entitled to an allowance and lump sum granted pursuant to section 66 or section 68 of this Act , such officer or servant shall not be entitled to the latter allowance and lump sum, but, without prejudice to section 73 of this Act , the allowance and lump sum which are granted to him under this section shall not be less respectively than the allowance and lump sum which he would have been granted under the said section 66 or the said section 68 (as the case may be) but for this sub-section.

Reduction of allowance in certain cases.

73.—(1) This section applies to every officer or servant of a mental hospital authority—

( a ) who has resigned or otherwise ceased to hold office or employment, and

( b ) who is entitled to receive under this Part of this Act an allowance from the authority, and

( c ) who did not perform his duties as their officer or servant to their satisfaction.

(2) A mental hospital authority may, as regards any of their officers or servants who is an officer or servant to whom this section applies, determine, subject to the consent of the Minister, that the allowance payable by them to him under this Part of this Act shall be reduced to such extent as they consider just, and such officer or servant shall thereupon be entitled to receive such allowance as so reduced and not otherwise.

Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.

74.—(1) Where—

( a ) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and

( b ) the injury is directly attributable to the nature of his duties, and

( c ) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and

( d ) he has been in the service of a mental hospital authority for ten years or longer,

the mental hospital authority in whose service he is injured may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

(2) A mental hospital authority, in determining the amounts of the increases to be granted under subsection (1) of this section to an injured officer or servant, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.

(3) Where—

( b ) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness from performing his duties, and

( c ) he has been in the service of a mental hospital authority for ten years or longer,

the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and to the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

(4) The amount of an increase granted under subsection (3) of this section of an allowance or lump sum, shall not exceed the difference between such allowance or lump sum and that to which the grantee would be entitled under this Part of this Act (other than this section) if his years of completed service were increased by ten.

Ascertainment of continuation of incapacity.

75.—(1) Where a person is entitled under section 67, section 69, or section 71 of this Act to receive an allowance or is entitled under section 74 of this Act to receive an increased allowance, the following provisions shall have effect:—

( a ) the mental hospital authority by whom the allowance is payable shall from time to time ascertain whether or not the incapacity of such person continues and, for that purpose, may require him to submit himself from time to time to such medical examinations as they may arrange;

( b ) if such person fails or refuses to submit himself to any such medical examination, he shall cease to be entitled to receive the allowance;

( c ) if at least two registered medical practitioners certify that such person's incapacity has ceased, the authority may, in their discretion, but subject to the consent of the Minister, cancel the allowance and, if they do so, such person shall cease to be entitled to receive the allowance as from the date on which it is cancelled and the authority may, in their discretion, offer him a position in their service of a kind and at a rate of salary or wages at least equal to that enjoyed by him when formerly in their service.

(2) The obligations under this section of a mental hospital authority in regard to any particular person in receipt of an allowance shall cease—

( a ) where the name of such person was, immediately before he resigned or otherwise ceased to hold office or employment, entered in the register maintained by the authority under this Part of this Act on such person's attaining the age of fifty-five years, and

( b ) in any other case—on such person's attaining the age of sixty years.

(3) Where a registered medical practitioner examines a person for the purposes of this section and the practitioner is not an officer of the mental hospital authority by whom the examination was arranged, such authority shall pay to the practitioner a fee of one guinea for the examination.

(4) Nothing in this section shall render any period of service under a mental hospital authority of any of their officers or servants reckonable more than once for the purpose of calculating a lump sum payable under this Part of this Act.

Marriage gratuities.

76.—Where—

( a ) a female officer or servant of a mental hospital authority leaves their service in order to be married, and

( b ) she has been in the service of a mental hospital authority for not less than five years, and

( c ) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,

the mental hospital authority whose, service she has left shall pay to her a gratuity consisting of one-twelfth of her yearly salary or wages in respect of each of her completed years of service, but subject to the limitation that the gratuity shall not exceed her yearly salary or wages.

Allowances to widows in certain cases.

77.—(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act ) may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.

(2) A mental hospital authority, in determining the amount of an allowance to be granted under subsection (1) of this section to a widow, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by the widow otherwise than under this Part of this Act in relation to the death of her husband.

(3) Where an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, dies while in their service as a result of any physical or mental illness which was contracted, otherwise than through his own misconduct or negligence, in the service of such authority and such officer or servant is survived by his widow, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act ) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to the widow such allowance for life as they consider proper.

(4) A mental hospital authority, by whom an allowance has been granted under this section may, subject to the consent of the Minister and the provisions of this Part of this Act, reduce, increase, cancel, or restore (where previously cancelled) such allowance in any circumstances which in their opinion render that course proper.

Allowance in respect of children in certain cases.

78.—(1) Where an officer or servant of a mental hospital authority dies while in their service as a result of an injury which was sustained, otherwise than through his own misconduct or negligence, while discharging his duties and such officer or Servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act ) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.

(2) A mental hospital authority, in determining the amount of an allowance to be granted under subsection (1) of this section, in relation to the death of an officer or servant, shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim, on behalf of the child in respect of whom the allowance is to be granted, otherwise than under this Part of this Act in relation to such death.

(3) Where an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, dies while in their service as a result of any physical or mental illness which was contracted, otherwise than through his own misconduct or negligence, in the service of such authority and such officer or servant was a widower or widow and is survived by one or more than one dependent child under sixteen years of age, the authority (whether they have or have not made a grant in relation to such officer or servant under section 70 of this Act ) may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant in respect of the child or each of the children such allowance as they consider proper.

(4) An allowance under this section shall be paid by the mental hospital authority by whom it was granted to such person as from time to time they think proper for expenditure on behalf of the child in respect of whom it was granted.

(5) A mental hospital authority by whom an allowance has been granted under this section may, subject to the consent of the Minister and the provisions of this Part of this Act, reduce, increase, cancel, or restore (where previously cancelled) such allowance in any circumstances which in their opinion render that course proper.

(6) An allowance under this section shall cease finally on the attainment by the child in respect of whom the allowance was granted of the age of sixteen years or his earlier death.

Limit on allowances and lump sums.

79.—(1) Notwithstanding anything contained in this Part of this Act—

( a ) an allowance under this Part of this Act shall not exceed—

(i) in the case of an allowance under section 77 of this Act , one-third of the yearly salary or wages of the officer or servant in question,

(ii) in any other case, one-half of such yearly salary or wages,

( b ) a lump sum under this Part of this Act shall not exceed one and one-half times the yearly salary or wages of the officer or servant in question.

(2) For the purposes of paragraph (a) of subsection (1) of this section, two or more allowances under section 78 of this Act related to the same death shall be regarded as one allowance consisting of the aggregate of such allowances.

Payment of certain deficiencies.

80.—Where an officer or servant of a mental hospital authority who becomes entitled to receive from the authority an allowance and lump sum under this Part of this Act dies while the payments made on foot of the allowance and the lump sum are, in the aggregate, less than his yearly salary or wages, the authority shall pay to the legal personal representative of such officer or servant the amount by which such aggregate is less than his yearly salary or wages.

Forfeiture of allowance in case of grave misconduct.

81.—(1) Where an officer or servant of a mental hospital authority is on account of grave misconduct removed from office or dismissed, he shall not be entitled to receive under this Part of this Act any allowance or lump sum referable in whole or in part to his service under a mental hospital authority prior to such removal or dismissal.

(2) The mental hospital authority in whose service an officer or servant to whom this section is applicable was immediately before his removal from office or dismissal may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to such officer or servant or to or in respect of any person whom he is liable to maintain a sum equal to the whole or part of the aggregate of his contributions under this Part of this Act.

(3) In this section the expression "grave misconduct" means misconduct which the mental hospital authority, in whose service the relevant officer or servant was immediately before his removal from office or dismissal, determine, with the consent of the Minister, to be grave misconduct.

Reckoning of service.

82.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any mental hospital authority, being service as an officer or servant, shall be aggregated and reckoned for the purposes of this Part of this Act.

(2) Notwithstanding subsection (1) of this section, whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them as an officer or servant ending on the date when he leaves their service is less than twelve months, his service during that period shall not be aggregated or reckoned for the purposes of this Part of this Act.

(3) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority under any local authority other than a mental hospital authority, being service reckonable by such local authority for superannuation purposes, shall be aggregated and reckoned for the purposes of this Part of this Act as if it were service with a mental hospital authority.

(4) Notwithstanding subsection (3) of this section—

( a ) whenever and so often as an officer or servant of a local authority other than a mental hospital authority leaves their service and the period of his continuous service with them, being service reckonable by them for superannuation purposes, ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned for the purposes of this Part of this Act,

( b ) service with a local authority other than a mental hospital authority in respect of which a superannuation allowance has been granted by such local authority shall not be aggregated or reckoned for the purposes of this Part of this Act.

(5) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of an officer of a local authority other than a mental hospital authority and an officer or servant of a mental hospital authority, the mental hospital authority shall, with the consent of the Minister, determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

Abatement of allowance on appointment of recipient.

83.—(1) Where any person, to whom an allowance under this Part of this Act is paid, is appointed to any office or employment by a mental hospital authority or any other local authority or to any office or employment remunerated out of moneys provided by the Oireachtas, the following provisions shall, so long as he holds such office or employment, have effect:—

( a ) in case the remuneration of such office or employment equals or is greater than that of the office or employment in respect of which the allowance was granted—such person shall not be paid the allowance;

( b ) in any other case—such person shall be paid no more of the allowance than so much thereof as, together with the remuneration of such office or employment, equals the remuneration of the office in respect of which the allowance was granted.

(2) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, not paid, the contribution shall also not be paid.

(3) If and so long as an allowance payable by a mental hospital authority and contributed to by another mental hospital authority is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.

Reduction of certain allowances.

84.—(1) Where a person, to whom an allowance is paid on account of having ceased, before or after the commencement of this Part of this Act, to hold an office or employment (in this section referred to as the former office) remunerated out of moneys provided by the Oireachtas or to which he was appointed by a local authority other than a mental hospital authority, is appointed to any office or employment (in this section referred to as the later office) by a mental hospital authority, the following provisions shall, so long as he holds the later office, have effect:—

( a ) in case the salary or wages of the later office are equal to or greater than the salary or wages of the former office-such person shall not be paid the allowance;

( b ) in any other case-such person shall be paid no more of the allowance than so much thereof as, together with the salary or wages of the later office, equals the salary or wages of the former office.

(2) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, not paid, the contribution shall also not be paid.

(3) If and so long as an allowance payable by any person and contributed to by another person is, in pursuance of this section, reduced, the contribution shall be reduced in the same proportion as the allowance is reduced.

Contributions.

85.—(1) Subject to the provisions of this Part of this Act, an officer or servant of a mental hospital authority shall contribute in each year for the purposes of this Part of this Act three per cent. of his salary or wages for that year and the amount of such contribution shall from time to time be deducted from his salary or wages.

(2) Where a deduction proper to be made under this section by a mental hospital authority from the salary or wages of an officer or servant is not made, the authority may recover the amount in question by retaining it out of any sum due by them to the officer or servant or by withholding any allowance or lump sum payable by them under this Part of this Act to or in respect of the officer or servant.

(3) Every contribution made under the Act of 1909 by an officer or servant of a mental hospital authority shall, where appropriate, be regarded as a contribution under this Part of this Act.

Return of contributions.

86.—(1) Where—

( a ) an officer or servant of a mental hospital authority loses his office or employment by any cause other than misconduct or voluntary resignation, and

( b ) he has been in the service of a mental hospital authority for less than ten years,

the mental hospital authority in whose service he was immediately before he lost his office or employment shall, save where such authority make a grant to him under section 71 of this Act , pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him the aggregate amount of his contributions under this Part of this Act.

(2) Where an officer or servant of a mental hospital authority resigns voluntarily from their service and is not thereupon entitled to an allowance under this Part of this Act, the authority may, in their discretion, pay (subject to the proviso to subsection (1) of section 31 of the Finance Act, 1922) to him a sum equal to the whole or part of the aggregate amount of his contributions under this Part of this Act.

(3) Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for less than five years, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act ) may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to his legal personal representative the aggregate amount of the contributions of such officer or servant under this Part of this Act.

(4) Where—

( a ) a female officer or servant of a mental hospital authority leaves their service in order to be married, and

( b ) she has been in the service of a mental hospital authority for less than five years, and

the mental hospital authority whose service she has left shall, subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922, pay to her the aggregate amount of her contributions under this Part of this Act.

(5) Where an officer or servant who receives a payment under this section is subsequently appointed, to the service of a mental authority, no service under any mental hospital authority of such officer or servant before such appointment shall be aggregated or reckoned for the purposes of this Part of this Act unless, upon such appointment, such payment is returned to the mental hospital authority by whom it was paid.

(6) Where a payment is returned to a mental hospital authority under subsection (5) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.

Assignment of pensions, etc.

87.—(1) The following provisions shall have effect in relation to any payment (in this section referred to as the grant) payable under this Part of this Act by a mental hospital authority to any person (in this section referred to as the recipient), that is to say:—

( a ) every assignment of and charge on the grant and every agreement to assign or charge the grant shall, except so far as it is made for the benefit of the family of the recipient, be void, and on the bankruptcy of the recipient the grant shall not be paid to any trustee or other person acting on behalf of the creditor,

( b ) where any public assistance is given in pursuance of the Public Assistance Act, 1939 ( No. 27 of 1939 ), to the recipient or to anyone whom he is liable under that Act to maintain, the mental hospital authority may pay the whole or any part of the grant to the public assistance authority giving the assistance, and so much of the grant as is so paid may be applied in repayment of any sums expended on such assistance and, subject thereto, shall be paid or applied by the public assistance authority to or for the benefit of the recipient,

( c ) if the recipient neglects to maintain any person whom he is liable to maintain, the mental hospital authority may in their discretion pay or apply the whole or any part of the grant to or for the benefit of that person,

( d ) if the recipient appears to the mental hospital authority to be of unsound mind or otherwise incapacitated to act, they may pay so much of the grant as they think fit to the institution or person having the care of the recipient, and may pay the surplus (if any) or such part thereof as they think fit for or towards the maintenance and benefit of the wife or husband or dependent relatives of the recipient.

( e ) if the recipient or the officer or servant in respect of whom the grant is payable has died and a sum not exceeding one hundred pounds is due on account of the grant, probate or other proof of title of the personal representatives of the deceased may, if the mental hospital authority so think fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the mental hospital authority to be beneficially entitled to the personal estate of the deceased, or to or among any one or more of those persons, or, in case of the illegitimacy of the deceased, to or among such persons as the mental hospital authority think fit, and the mental hospital authority and any of their officers making the payment shall be discharged from all liability as respects any such payment or distribution,

( f ) any sum payable to a minor on account of the grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the mental hospital authority think fit,

( g ) where a payment is made to any person by the mental hospital authority in pursuance of this section, the receipt of that person shall be a good discharge for the sum paid.

(2) A mental hospital authority may, with the consent of the Minister, make rules requiring declarations to be made for any purpose relating to payments made pursuant to this section and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any declaration which he is required by such rules to make.

(3) Any person who makes a wilful misstatement of material fact in any declaration made under any rule made under this section 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 to imprisonment for any term not exceeding three months.

Officer or servant becoming Civil Servant.

88.—(1) Where—

( a ) a person—

(i) who had not attained the age of fifty-five years was appointed before the commencement of this Part of this Act to an established position in the civil service of the State, or

(ii) who has not attained the age of fifty-five years is appointed after the commencement of this Part of this Act to an established position in the civil service of the State, and

( b ) such person was, before such appointment, paying contributions under the Act of 1909 or this Part of this Act in respect of an office or employment the duties of which relate to the same matters as the duties of such established position, and

( c ) such person has not been repaid such contributions or, having been repaid them, has refunded them under the Act of 1909 or this Part of this Act,

the services of such person in respect of which such contributions were paid shall, for the purposes of the Superannuation Acts, 1834 to 1942, be regarded as service in an established position in the civil service of the State.

(2) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of a civil servant and of a person paying contributions under the Act of 1909 or this Part of this Act, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in the amount which, in any particular case, is granted by virtue of subsection (1) of this section under the Superannuation Acts, 1834 to 1942.

(3) Where any payment is made i to any person in accordance with this section, the Minister for Finance may determine what part or parts of the payment shall be defrayed out of any fund or funds to which such person made contributions under this Part of this Act or the Act of 1909, and thereupon the relevant mental hospital authority or authorities shall pay to the said Minister out of that fund or those funds the amount or the respective amounts determined by him as aforesaid.

Civil Servant becoming officer or servant.

89.—(1) Where—

( a ) an officer or servant of a mental hospital authority was, immediately before the commencement of this Part of this Act, paying contributions under the Act of 1909, and

( b ) such officer or servant began to pay such contributions before reaching the age of fifty-five years, and

( c ) such officer or servant held, immediately before beginning to pay such contributions, an established position in the civil service of the State the duties of which related to the same matters as the duties of the office or employment in respect of which he was paying such contributions,

the service of such officer or servant in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(2) Where a person holding an established position in the civil service of the State becomes an officer or servant of a mental hospital authority the duties of whose office or employment relate to the same matters as the duties of such established position, the service of such person in such established position shall, if he has not received compensation for the loss thereof, be regarded for the purposes of this Part of this Act as service under a mental hospital authority.

(3) Where the superannuation benefits or the conditions qualifying a person for superannuation are not the same in the case of a civil servant and an officer or servant of a mental hospital authority, the Minister for Finance may determine what modifications (if any) corresponding to the difference between the said respective benefits or conditions shall be made in any amount which, in any particular case, is granted under this Part of this Act in accordance with this section.

(4) Where any payment is made by a mental hospital authority to any person in accordance with this section, the Minister for Finance may make such contribution to the payment as he considers reasonable out of moneys provided by the Oireachtas and shall pay the contribution to such authority.

Contributions in case of service with more than one mental hospital authority.

90.—Where an allowance, lump sum, marriage gratuity, refund of contributions or other payment is payable under this Part of this Act by a mental hospital authority (in this section referred to as the paying authority) to or in respect of any person in respect of his ceasing to hold office or employment under them and, in determining the amount of the allowance, lump sum, gratuity, refund or other payment, any service of such person under another mental hospital authority or a local authority other than a mental hospital authority (in this section referred to as the contributing authority) has been reckoned, the contributing authority shall refund to the paying authority a part of the allowance, lump sum, gratuity, refund or other payment reckoned according to the service and pay or the contributions of such person under the contributing body and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.

Reckoning of service with mental hospital authority on grant of superannuation allowance by local authority other than mental hospital authority.

91.—(1) All service, whether continuous or not continuous, of an officer or servant of a mental hospital authority shall, in case he becomes an officer or servant of a local authority other than a mental hospital authority, be aggregated and reckoned for the purposes of granting and calculating any superannuation allowance which may be payable to him by such local authority.

(2) Notwithstanding subsection (1) of this section—

( a ) whenever and so often as an officer or servant of a mental hospital authority leaves their service and the period of his continuous service with them ending on the date when he leaves their service is less than twelve months, his service during that period shall not be capable of being aggregated or reckoned in accordance with subsection (1) of this section;

( b ) service in relation to which a payment has been made under subsection (1) or subsection (2) or subsection (4) of section 86 of this Act shall not be aggregated or reckoned in accordance with subsection (1) of this section unless such payment is returned to the mental hospital authority by whom it was paid.

(3) Where a payment is returned to a mental hospital authority under subsection (2) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.

(4) Where a superannuation allowance is payable by a local authority other than a mental hospital authority (in this subsection referred to as the paying authority) to a person in respect of his ceasing to hold office or employment under them, and, in determining the amount of the allowance, any service of such person under a mental hospital authority (in this subsection referred to as the contributing authority) has been reckoned in accordance with subsection (1) of this section, the contributing authority shall refund to the paying authority a part of the allowance reckoned according to the service and pay or the contributions of such person under the contributing authority and to the circumstances under which he has ceased to hold office or employment under the paying authority, and such part shall be settled by agreement between the paying authority and the contributing authority or, in default of agreement, by the Minister.

Appeal to the Minister.

92.—(1) Where—

( a ) an officer or servant of a mental hospital authority resigns or otherwise ceases to hold office or employment under the authority, and

( b ) the officer or servant is aggrieved by the grant made pursuant to this Part of this Act by the authority to him or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant to him,

the officer or servant may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after having resigned or otherwise ceased to hold office or employment, report the facts of the case to the Minister and the Minister, if he is satisfied that the officer or servant has good reason for being aggrieved, may make any grant to the officer or servant which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.

(2) Where—

( a ) an officer or servant of a mental hospital authority dies, and

( b ) the legal personal representative of the deceased, or, in case the deceased is a widower survived by one or more than one dependent child under sixteen years of age, any person acting on behalf of the child or children, is aggrieved by the grant made pursuant to this Part of this Act by the authority in relation to the deceased or by the neglect or refusal of the authority to make pursuant to this Part of this Act a grant in relation to the deceased,

such representative or person may within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that such representative or person has good reason for being aggrieved, may make any grant in relation to the deceased which he thinks just and which could have been made by the authority, and such grant shall have effect as if made by the authority and in lieu of the grant (if any) made by them.

(3) Where, in a case to which subsection (1) or subsection (3) of section 77 of this Act is applicable, the widow of a deceased officer or servant of a mental hospital authority is aggrieved by the neglect or refusal of the authority to make pursuant to that sub-section a grant to her, she may, within six months (or such longer period not exceeding twelve months as the Minister, if in any particular case he so thinks fit, may approve of) after the death of the deceased, report the facts of the case to the Minister and the Minister, if he is satisfied that she has good reason for being aggrieved, may make any grant to her which he thinks just and which could have been made by the authority and such grant shall have effect as if made by the authority.

Age limit.

93.—(1) The Minister may by regulations declare any specified age to be the age limit for all officers of mental hospital authorities, for such officers of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified officer of a mental hospital authority.

(2) The Minister may by regulations declare any specified age to be the age limit for all servants of mental hospital authorities, for such servants of mental hospital authorities as belong to a specified class, description or grade or for one or more than one specified servant of a mental hospital authority.

(3) A declaration under this section shall come into force six months after the day on which it is made.

(4) If, on the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches or is older than the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day when the declaration comes into force.

(5) If, on a day after the day when a declaration under this section comes into force, an officer or servant to whom the declaration applies reaches the age specified in the declaration as the age limit applicable to him, he shall cease to hold office or employment on the said day after the day on which the declaration comes into force.

PART IX MISCELLANEOUS PROVISIONS RELATING TO MENTAL HOSPITAL AUTHORITIES

Resident medical superintendent.

94.—(1) There shall be a chief medical officer for a district mental hospital and such officer shall be known and is in this Act referred to as a resident medical superintendent.

(2) Where, in addition to their district mental hospital, a mental hospital authority maintain any other institution, the resident medical superintendent of their district mental hospital shall exercise such control over the other institution as the mental hospital authority, with the consent of the Minister, may determine.

(3) A resident medical superintendent shall reside in the residential accommodation provided for him by the mental hospital authority by whom he was appointed.

Committees of mental hospital authorities.

95.—(1) A mental hospital authority may from time to time appoint such and so many committees as they think fit, for purposes connected with the exercise or performance of any of their powers, duties and functions under this Act which in their opinion would be better or more conveniently regulated or managed by or through a committee.

(2) The acts of a committee appointed under this section shall be subject to confirmation by the mental hospital authority appointing the committee, save that the mental hospital authority may, with the sanction of the Minister, empower the committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by the mental hospital authority which the mental hospital authority themselves could lawfully do.

(3) The quorum, procedure, and place of meeting of a committee appointed under this section shall be such as may be appointed by regulations to be made by the mental hospital authority appointing the committee.

(4) The appointment under subsection (1) of this section of a committee and the making under subsection (3) of this section of regulations shall be reserved functions for the purposes of the County Management Acts, 1940 and 1942.

(5) The provisions of sub-section (2) of section 18 of the County Management Act, 1940 ( No. 12 of 1940 ), shall apply in relation to the power to delegate conferred on a mental hospital authority by subsection (1) of this section.

Visiting Committee of district mental hospital.

96.—(1) A mental hospital authority shall from time to time appoint a committee to visit their district mental hospital and the other institutions and accommodation maintained by them.

(2) The following provisions shall have effect in relation to the members of a visiting committee of a district mental hospital:—

( a ) the number of the members shall not exceed one-third of the number of the members of the mental hospital authority by whom the committee were appointed;

( b ) not more than one-half of the members may be persons who are not members of such authority;

( c ) the tenure of office of the members shall be determined by such authority;

( d ) all casual vacancies in the membership shall be filled by such authority.

(3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of a district mental hospital to do the following things:—

( a ) from time to time to visit the hospital and the other institutions and accommodation maintained by the mental hospital authority by whom they were appointed and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private;

( b ) to report to such authority any abuses which they may observe in the course of their visits;

( c ) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed;

( d ) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.

(4) The visiting committee of a district mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.

(5) The appointment of the chairman of the visiting committee of a district mental hospital, and their meetings and the quorum, and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.

(6) The visiting committee of a district mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the district mental hospital and the other institutions and accommodation maintained by the mental hospital authority by whom they were appointed and to have free access to every part thereof subject to compliance with the rules made under this section.

(7) The Minister may make rules prescribing the powers and duties of visiting committees of district mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.

(8) The visiting committee of a district mental hospital shall comply with and observe the rules made by the Minister under subsection (7) of this section and for the time being in force so far as such rules apply to such committee.

(9) Every rule in force immediately before the commencement of this Part of this Act under sub-section (6) (repealed by this Act) of section 34 of the County Management Act, 1940 ( No. 12 of 1940 ), shall, upon the commencement of this Part of this Act, continue in force and shall be capable of being amended or revoked as if it were duly made under this section.

(10) Where a mental hospital authority maintains an auxiliary mental hospital which is not a part of their district mental hospital, the foregoing provisions of this section shall not apply to the auxiliary mental hospital and, in lieu thereof, the provisions of section 97 of this Act shall apply thereto.

Visiting committee of auxiliary mental hospitals.

97.—(1) Where a mental hospital authority maintain an auxiliary mental hospital which is not a part of their district mental hospital, they shall from time to time appoint a committee to visit their auxiliary mental hospital.

(2) The following provisions shall have effect in relation to the members of a visiting committee of an auxiliary mental hospital:—

( a ) the number of members shall not exceed one-third of the number of members of the mental hospital authority by whom the committee were appointed;

( b ) not more than one-half of the members may be persons who are not members of such authority;

( c ) the tenure of office of the members shall be determined by such authority;

( d ) all casual vacancies in the membership shall be filled by such authority.

(3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of an auxiliary mental hospital to do the following things:—

( a ) from time to time to visit the hospital and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private;

( b ) to report to the mental hospital authority by whom they were appointed any abuses which they may observe in the course of their visits;

( c ) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed;

( d ) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.

(4) The visiting committee of an auxiliary mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.

(5) The appointment of the chairman of the visiting committee of an auxiliary mental hospital, and their meetings and the quorum and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.

(6) The visiting committee of an auxiliary mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the hospital and to have free access to every part thereof subject to compliance with the rules made under this section.

(7) The Minister may make rules prescribing the powers and duties of visiting committees of auxiliary mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.

(8) The visiting committee of an auxiliary mental hospital shall comply with and observe the rules made by the Minister under subsection (7) of this section and for the time being in force so far as such rules apply to such committee.

Joint administration of mental hospital districts.

98.—(1) Where it appears to the Minister, after consultation with the mental hospital authorities of two or more mental hospital districts, that the joint management and administration of those districts for any particular purpose of or connected with the administration of this Act would tend to reduce expense or would otherwise be of public or local advantage, the Minister may by order direct that the administration of this Act in those districts shall, for the purpose specified in the order, be managed and conducted jointly by the respective mental hospital authorities of those districts through and by an authority to be set up under and in accordance with the order.

(2) An order made by the Minister under subsection (1) of this section shall—

( a ) provide for the setting up of the relevant joint authority and for the constitution, membership, procedure, finance, and officers thereof,

( b ) define the functions of the joint authority and, where appropriate, delimit the respective functions of the joint authority and of the mental hospital authorities of the mental hospital districts forming the functional area of the joint authority,

( c ) make such provision as the Minister thinks proper for the allocation to the joint authority of appropriate portions of the assets and property of such mental hospital authorities and for the defrayal by such mental hospital authorities of the liabilities of the joint authority and generally for the adjustment between such mental hospital authorities respectively and the joint authority of present and future property and liabilities,

( d ) provide for the vesting of all property acquired by the joint authority in such mental hospital authorities in such proportions and manner as the Minister thinks proper and specifies in the order,

( e ) generally make such provisions as appear to the Minister to be necessary or proper for securing the due execution by the joint authority of the purposes for which it is constituted.

(3) The respective mental hospital authorities of the several mental hospital districts forming the functional area of a joint authority shall cease to exercise or perform such of their respective powers and duties as are included by the order setting up the joint authority in the functions of the joint authority and those powers and duties shall be exercised and performed by the joint

(4) The Minister may at any time at his discretion revoke or amend any order previously made by him under this section and, in particular, may at any time by order dissolve a joint authority set up under this section and make all such provisions as appear to him to be necessary or proper for the restoration of the functions of the joint authority to the several mental hospital authorities to whom those functions originally belonged or for any other purpose consequential on the dissolution of the joint authority.

Reception of minutes of proceedings at meeting of joint board as evidence, etc.

99.—(1) All minutes of the proceedings at a meeting of a joint board which purport to be signed by the chairman of such meeting or by the chairman of the next subsequent meeting of the board shall (without proof of the signature of the person by whom the minutes purport to be signed or that such person was in fact the chairman of the meeting at which the minutes purport to be signed) be received in all legal proceedings as prima facie evidence of the proceedings at the meeting to which the minutes relate and as prima facie evidence that such meeting was convened, held, and conducted according to law.

(2) A copy of a resolution passed or order made at a meeting of a joint board purporting to be certified by the chief clerk to the joint board to be a true copy of the resolution or order shall be received in all legal proceedings as prima facie evidence of the passing, of the resolution or the making of the order (as the case may be) and of the terms thereof without proof of the signature of the person by whom the copy purports to be so certified or that he was in fact such chief clerk.

Joint board as local authority for purposes of certain Acts.

100.—A joint board shall be a local authority within the meaning and for the purposes of the Acts mentioned in the Fourth Schedule to this Act.

Arrangement for maintenance in institution not maintained by relevant mental hospital authority.

101.—(1) A mental hospital authority may, with the consent of the Minister, make and carry out an arrangement for the maintenance, in a special institution, of any class of their chargeable patients.

(2) The Minister may withdraw a consent given by him under subsection (1) of this section and thereupon the arrangement to which the consent relates shall terminate and the mental hospital authority to whom the consent was given shall remove any patient, who is being maintained in pursuance of the arrangement in a special institution, from that institution.

(3) In this section, the expression "special institution" means any home, hospital, or other institution not maintained by the mental hospital authority making the relevant arrangement for maintenance and suitable for the treatment of the persons for whom such arrangement is made.

Arrangement for treatment in approved institutions.

102.—A mental hospital authority may make and carry out an arrangement for the reception and treatment, as temporary patients or voluntary patients in an approved institution, of any of their chargeable patients.

Arrangement for reception into institution maintained by mental hospital authority of patients of another authority.

103.—(1) Any two mental hospital authorities may, with the consent of the Minister, make and carry out an arrangement for the reception into the district mental hospital or any other institution maintained by one of the authorities of patients maintained by the other authority.

(2) The Minister may withdraw a consent given by him under subsection (1) of this section and thereupon the arrangement to which the consent relates shall terminate and any patient received under the arrangement shall be removed by the mental hospital authority by whom he was sent for reception under the arrangement.

Religious services and chaplains in institutions maintained by mental hospital authority.

104.—(1) The Minister shall by order make provision for the due performance of religious services and the affording of religions aid in district mental hospitals and other institutions maintained by mental hospital authorities.

(2) A mental hospital authority shall appoint in relation to every district mental hospital and other institution maintained by them suitable persons to hold office as chaplains thereto.

(3) An office of chaplain to which appointments made under this section shall not be an office to which the Local Authorities (Officers and Employees) Act, 1926 ( No. 39 of 1926 ), applies.

Regulations as to contracts by mental hospital authorities.

105.—(1) The Minister may, if he so thinks fit, make regulations in relation to the entering into and making of contacts by mental hospital authorities and any such regulations may relate to contracts generally or to contracts of a specified class.

(2) Where regulations made under this section are for the time being in force, all contracts to which such regulations relate made by a mental hospital authority shall be entered into and made in accordance with such regulations and, if any such contract is not so entered into or is not so made, it shall, if the Minister so directs, be wholly void and shall, unless or until the Minister gives such direction, be voidable at the option of any party thereto.

(3) Where a contract made or entered into by a mental hospital authority is avoided under this section, whether by the Minister or a party thereto, all payments made by the authority or any officer thereof in purported pursuance of the contract after it has been avoided shall, in the accounts of the authority or officer (as the case may be), be disallowed as being contrary to law.

(4) Nothing in this section or any regulation made thereunder shall prejudice or affect the application of the Local Authorities (Combined Purchasing) Act, 1925 ( No. 20 of 1925 ), or of the Local authorities (Combined Purchasing) Act, 1939 ( No. 14 of 1939 ), to mental hospital authorities or the operation of either of those Acts in relation to such authorities.

Contributions to associations and societies for prevention and treatment of mental disease.

106.—A mental hospital authority may, with the consent of the Minister, pay an annual contribution to the funds of any association or society for the prevention or treatment of mental disease.

Burials.

107.—(1) A mental hospital authority or, in case of urgency, their resident medical superintendent may provide for the burial at any place within the mental hospital district of such authority of the of a person who dies while being maintained as a chargeable patient in the mental hospital district of such authority.

(2) Where a person who is being maintained as a chargeable patient outside the mental hospital district of the mental hospital authority responsible for such maintenance dies, such authority may provide for the burial of the body of such person in a burial ground at a convenient distance from the place where the death occurred or may provide for the bringing of the body into their mental district and its burial there.

(3) Where a mental hospital authority incur under this section expenses in relation to the body of a deceased person, they may obtain repayment of the expenses from the property of the deceased person or from any person who was liable to maintain him immediately before his death as if the expenses were the cost of mental hospital assistance given to the deceased person before his death.

Transfer of patient to proper district mental hospital, etc.

108.—(1) Where a person received as a chargeable patient in a district mental hospital or other institution maintained by a mental hospital authority is not ordinarily resident in their mental hospital district, such authority shall give notice of the reception to the mental hospital authority for the mental hospital district in which the person ordinarily resides.

(2) Where a mental hospital authority gives to another mental hospital authority a notice under subsection (1) of this section in relation to any person—

( a ) such other authority may arrange for the transfer of such person to their district mental hospital,

( b ) such other authority shall be liable to the first-mentioned authority for the full cost, determined in the prescribed manner, of the care, maintenance, and treatment given to such person from the time when the notice is given until such time as such person may be transferred under an arrangement made under paragraph ( a ) of this subsection.

(3) Any dispute as to the mental hospital district in which a person ordinarily resides shall be determined for the purposes of this section by the Minister, whose decision shall be final.

Admission of persons as private patients to mental institution maintained by mental hospital authority.

109.—(1) A mental hospital authority may, if they so think proper, make regulations in relation to any particular institution maintained by them authorising and regulating, subject to the provisions of this Act and of every other enactment, either or both of the following matters:—

( a ) the admission of persons as private patients to the institution and their accommodation therein,

( b ) the affording to persons as private patients of advice or treatment in the institution.

(2) Where a mental hospital authority make regulations under subsection (1) of this section, they shall submit the regulations to the Minister for his approval and the regulations may be approved of by the Minister (if he thinks proper so to do) either with or without modification and shall come into operation if and when and as so approved of.

(3) The Minister may at any time require a mental hospital authority to make and submit regulations (including amending regulations) under subsection (1) of this section in respect of any particular institution maintained by them, and, if they do not make and submit such regulations within three months after being required by the Minister so to do or if they make and submit in pursuance of such requisition regulations which the Minister refuses to approve of, the Minister, if he so thinks proper, may himself make the regulations mentioned in such requisition and may therein appoint the day on which they shall come into operation.

(4) Regulations made under this section in relation to an institution—

( a ) shall contain provisions in regard to the payment to be made, by or in respect of the persons admitted as private patients to the mental hospital authority maintaining the institution for the accommodation, advice, or treatment received by such persons in the institution, and regulating the amount of such payments,

( b ) shall provide that no person shall be admitted as a private patient to the institution unless there is available for him in the institution at the time of his admission thereto accommodation not required for persons who are receivable in the institution as chargeable patients.

(5) No person shall be admitted to or accommodated, advised, or treated in an institution maintained by a mental hospital authority as a private patient unless regulations made under this section are in operation in respect of such institution, and no person shall be admitted to or accommodated, advised, or treated in such institution as a private patient otherwise than in accordance with such regulations.

(6) A registered medical practitioner in the service of a mental hospital authority maintaining an institution shall not demand or take from a person admitted to or advised or treated in the institution as a private patient under regulations made under this section any payment in respect of advice or treatment afforded by the practitioner to such person in the institution.

(7) The making under this section of regulations shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

Regulations for guidance and control of mental hospital authorities and their officers.

110.—The Minister may make such regulations, whether in relation to all or one or more mental hospital authorities, as appear to him to be expedient for the guidance and control of such authorities and their officers or servants in the performance of their functions under this Act and for securing the efficient administration of this Act, and it shall be the duty of a mental hospital authority or officer or servant to whom any such regulations relate to comply with such regulations.

PART X PRIVATE INSTITUTIONS

Definitions for purposes of Part X.

111.—In this Part of this Act—

the expression "the register" means the register of private institutions kept under this Part of this Act,

the expression "registered proprietor" means, in relation to a private institution registered in the register, the person whose name is entered in the register in respect of such institution.

112.—(1) The Minister shall keep a register of private institutions.

(2) There shall be entered in the register in respect of each private institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.

Obligation to register private institution.

113.—It shall not be lawful for any person to carry on a private institution unless it is registered in the register and such person is the registered proprietor thereof.

Exceptions from obligation to register private institution.

114.— Section 113 of this Act shall not apply in relation to the taking care in an institution or premises of any person of unsound mind—

( a ) who is absent under this Act from a mental institution on trial, or

( b ) who is sent under this Act from a mental institution for treatment, or

( c ) who is boarded out under this Act.

Application for registration or renewal of registration of private institution.

115.—(1) An application for the registration of a private institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.

(2) An application for the renewal of the registration of a private institution in the register shall be made by the registered proprietor in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.

(3) Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private institution in question as the Minister considers necessary for the consideration of the application.

(4) The Minister may cause an inspection to be made of a private institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.

(5) An application for the renewal of a registration in the register shall be made—

( a ) in the case of a first application for renewal, in the tenth month after the month in which the registration was made,

( b ) in any other case, in the tenth month after the month in which, pursuant to this Part of this Act, the last renewal of the registration began to take effect.

Duration of registration of private institution.

116.—(1) Where a private institution is registered in the register it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.

(2) Where an application for renewal of the registration of a private institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

(3) Where an application for renewal of the registration of a private institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register—

( a ) the institution shall be deemed to continue to be registered in the register until the decision is given,

( b ) if the decision is a decision granting a renewal, such renewal shall have effect as from the expiration of the registration the last renewal of the registration (as the case may be) of the institution in the register and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

Certificate of registration or renewal of registration of private institution.

117.—Where the Minister registers or renews the registration of a private institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.

Refusal of registration or renewal of registration of private institution and removal from register of private institution.

118.—(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private institution in the register, refuse to renew the registration of a private institution in the register, or remove a private institution from the register.

(2) Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.

(3) Where a person informs the Minister under subsection (2) of this section of his desire to show cause why an order should not be made, the Minister shall, before making such order, give him an, opportunity to show cause.

Grounds for refusal of registration of private institution.

119.—The following (and no other) shall be the grounds for refusing an application for the registration of a private institution in the register:—

( a ) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

( b ) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position,

( c ) that the person who will be the person in charge of the institution does not undertake to reside therein,

( d ) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put,

( e ) that the Minister is satisfied that the person or persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister,

( f ) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this Part of this Act are not furnished within a reasonable time or are refused to be furnished.

Grounds for refusing renewal of registration of private institution.

120.—The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private institution in the register:—

( a ) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

( b ) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

( c ) that the Minister is satisfied that the person in charge of the institution does not reside therein,

( d ) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

( e ) that the Minister is satisfied that the person or persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister,

( f ) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate,

( g ) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate,

( h ) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

( i ) that there has been a conviction in relation to the institution of any offence under this Act,

( j ) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.

Grounds for removal of private institution from register.

121.—The following (and no other) shall be the grounds for removing a private institution from the register:—

( a ) that the person carrying on the institution is not a fit person to carry on the institution,

( b ) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

( c ) that the Minister is satisfied that the person in charge of the institution does not reside therein,

( d ) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

( f ) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate,

( g ) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate,

( h ) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

( i ) that there has been a conviction in relation to the institution of any offence under this Act.

Continuation of certain powers after removal of private institution from register or after registration not being renewed.

122.—Where a private institution registered in the register is removed therefrom or the registration of a private institution registered in the register is not renewed, the powers conferred by this Act on the Minister and on the Inspector of Mental Hospitals in relation to the institution and the provisions of this Act in relation to the discharge, removal, and transfer of the patients in the institution shall continue in force for a period of three months thereafter and it shall be lawful to carry on the institution during that period for the purposes of effecting such discharge, removal, and transfer.

Disqualification from being member of governing body of private institution.

123.—Where a governing body manages a private institution registered in the register, no medical or other officer and no servant of the institution shall be a member of the governing body unless he is the owner or part owner of the institution or is a member of a religious community on whose behalf the institution is carried on or the Minister consents to his being a member of the governing body.

Provisions consequent upon transfer, etc., of private institution.

124.—Where a private institution registered in the register ceases, consequent upon any transfer, death, or other event, to be carried on by the registered proprietor, the person (if any) who continues to carry on the institution shall, on making written application (accompanied by the prescribed fee) to the Minister not later than fourteen days after such cesser and provided he is approved of by the Minister, be entitled to have his name entered in the register as the registered proprietor, and such person shall, on making such application, be deemed to be the registered proprietor as from such cesser until the Minister decides such application.

Striking out or correction of registration of private institution.

125.—The Minister shall—

( a ) strike out a registration in the register which has ceased to have effect,

( b ) from time to time make such corrections in the registrations in the register as he ascertains to be proper.

Addition to or alteration of premises of private institution.

126.—No addition to or structural alteration of the premises of a private institution registered in the register shall be made unless—

( a ) written notice of the addition or alteration, accompanied by the prescribed plans thereof, is given to the Minister, and

( b ) the Minister consents to the carrying out of the addition or alteration.

Keeping of plans of premises of private institution available for inspection.

127.—Where any plan in relation to the premises of a private institution registered in the register has been submitted to the Minister under this Part of this Act either for the purposes of obtaining the registration of the institution or otherwise, a copy of such plan shall be kept available in the institution for inspection by any person authorised by the Minister to inspect such copy.

Restriction on number of patients in private institution.

128.—The number of male persons or female persons of unsound mind taken care of in a private institution registered in the register shall not exceed the number specified in that behalf in the register.

Visitation of private institution where two or more patients are kept.

129.—(1) The Minister may make regulations requiring the visitation by registered medical practitioners of private institutions registered in the register where two or more persons of unsound mind are taken care of and prescribing the duties to be performed by such practitioners, and any such regulations may relate to all those institutions, to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.

(2) Where, in relation to a private institution registered in the register, there is a failure to comply with any regulation for the time being in force under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Visitation of sole patient in private institution.

130.—(1) Where one person only of unsound mind is taken care of in a private institution registered in the register, the Minister may by order direct how often such person is to be visited by a registered medical practitioner, and the provisions of such order shall be duly complied with.

(2) Unless and until an order is made in relation to any particular person under subsection (1) of this section, such person shall be visited twice at least in each week by a registered medical practitioner.

(3) A registered medical practitioner visiting pursuant to this section or an order made thereunder shall at each visit make and sign a statement in the prescribed form as to the health of the person visited and the registered proprietor of the private institution where the visit is made shall retain such statement in the institution for inspection by the Inspector of Mental Hospitals.

(4) The Minister may require a registered medical practitioner visiting pursuant to this section or an order made thereunder to furnish to the Minister a report in writing as to the condition of the person visited and such practitioner shall comply with the requirement of the Minister.

(5) The Minister may by order direct that the services of any registered medical practitioner visiting a person of unsound mind who is the sole person taken care of in a private institution registered in the register shall be dispensed with and that, in lieu thereof, the services of some other registered medical practitioner be obtained, and the provisions of such order shall be duly complied with.

131.—There shall be kept, in respect of a private institution registered in the register, a register in the prescribed form, in which the prescribed particulars in regard to every person of unsound mind taken care of in the institution shall be entered.

Regulations governing carrying on of private institution, etc.

132.—(1) The Minister may make regulations—

( a ) governing the carrying on of private institutions registered in the register,

( b ) prescribing the medical staffs to be employed in connection with such institutions,

( c ) prescribing records to be kept in respect of such institutions.

(2) Regulations under this section may relate to all private institutions registered in the register, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.

(3) Where, in relation to any private institution registered in the register, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

PART XI PRIVATE CHARITABLE INSTITUTIONS

Definitions for purposes of Part XI.

133.—In this Part of this Act—

the expression "the register" means the register of private charitable institutions kept under this Part of this Act;

the expression "registered proprietor" means, in relation to a private charitable institution registered in the register, the person whose name is entered in the register in respect of such institution.

134.—(1) The Minister shall keep a register of private charitable institutions.

(2) There shall be entered in the register in respect of each private charitable institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.

Obligation to register private charitable institution.

135.—It shall not be lawful for any person to carry on a private charitable institution unless it is registered in the register and such person is the registered proprietor thereof.

Exceptions from obligation to register private charitable institution.

136.— Section 135 of this Act shall not apply in relation to the taking care in an institution of any person of unsound mind—

( a ) who is absent under this Act from a mental institution on trial, or

( b ) who is sent under this Act from a mental institution for treatment, or

( c ) who is boarded out under this Act.

Application for registration or renewal of registration of private charitable institution.

137.—(1) An application for the registration of a private charitable institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner and shall contain the prescribed particulars.

(2) An application for the renewal of the registration of a private charitable institution in the register shall be made by the registered proprietor in the prescribed form and manner and shall contain the prescribed particulars.

(3) Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private charitable institution in question as the Minister considers necessary for the consideration of the application.

(4) The Minister may cause an inspection to be made of a private charitable institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.

(5) An application for the renewal of a registration in the register shall be made—

( a ) in the case of a first application for renewal, in the tenth month after the month in which the registration was made,

( b ) in any other case, in the tenth month after the month in which pursuant to this Part of this Act, the last renewal of the registration began to take effect.

Duration of registration of private charitable institution.

138.—(1) Where a private charitable institution is registered in the register, it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.

(2) Where an application for renewal of the registration of a private charitable institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

(3) Where an application for renewal of the registration of a private charitable institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register—

( a ) the institution shall be deemed to continue to be registered in the register until the decision is given,

( b ) if the decision is a decision granting a renewal, such renewal shall have effect as from the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months, reckoned from the time of such expiration.

Certificate of registration or renewal of registration of private charitable institution.

139.—Where the Minister registers or renews the registration of a private charitable institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.

Refusal of registration or renewal of registration of private charitable institution and removal from register of private charitable institution.

140.—(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private charitable institution in the register, refuse to renew the registration of a private charitable institution in the register, or remove a private charitable institution from the register.

(2) Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private charitable institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.

Grounds for refusal of registration of private charitable institution.

141.—The following (and no other) shall be the grounds for refusing an application for the registration of a private charitable institution in the register:—

( a ) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

( b ) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position,

( c ) that the person who will be the person in charge of the institution does not undertake to reside therein,

( d ) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put,

( e ) that the Minister is satisfied that the persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister,

( f ) that the Minister is satisfied that the institution will not be carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost,

( g ) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this part of this Act are not furnished within a reasonable time or are refused to be furnished.

Grounds for refusing renewal of registration of private charitable institution.

142.—The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private charitable institution in the register:—

( a ) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

( b ) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

( c ) that the Minister is satisfied that the person in charge of the institution does not reside therein,

( d ) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

( e ) that the Minister is satisfied that the persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister,

( f ) that the Minister is satisfied that the care or treatment afforded to such persons has been inadequate,

( g ) that the Minister is satisfied that the food given to such persons has been unsuitable or inadequate,

( h ) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

( i ) that there has been a conviction in relation to the institution of any offence under this Act,

( j ) that the Minister is satisfied that the institution is not carried on wholly or mainly for the care of persons of unsound mind gratuitously or at less than cost,

( k ) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.

Grounds for removal of private charitable institution from register.

143.—The following (and no other) shall be the grounds for removing a private charitable institution from the register:—

( a ) that the person carrying on the institution is not a fit, person to carry on the institution,