Mental Health Act 2026

Mental Health Act 2026 Permanent Page URL View by Section Amharc de réir Ailt View Full Act Amharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDF Oscail PDF Priontáil an tAcht Iomlán Previous Section Alt Roimhe Next Section An Chéad Alt Eile Priontáil an tAlt 11 2026 MENTAL HEALTH ACT 2026 PART 1 Preliminary and General 1. Short title and commencement 2. Interpretation 3. Regulations 4. Service of documents 5. Repeals 6. Expenses 7. Review of operation of Act PART 2 Guiding Principles 8. Guiding principles to apply in respect of adults 9. Guiding principles to apply in respect of children PART 3 Involuntary Admission Chapter 1 Involuntary admission 10. Definitions (Part 3) 11. Criteria for involuntary admission to registered acute mental health centre 12. Request for application for recommendation for involuntary admission where made to authorised officer 13. Making of application for recommendation for involuntary admission to be made by authorised officer 14. Making of application for recommendation for involuntary admission by person other than authorised officer 15. Making of recommendation for involuntary admission 16. Disclosure of previous application for involuntary admission 17. Powers of Garda Síochána in respect of involuntary admissions 18. Bringing of persons to registered acute mental health centre 19. Bringing and bringing back of persons to registered acute mental health centre by a service provider 20. Emergency treatment before admission 21. Involuntary admission order 22. Duration and renewal of involuntary admission orders 23. Copy of order to be sent to Commission 24. Provision of information to persons involuntarily admitted to registered acute mental health centre 25. Psychosocial assessment of involuntarily admitted person Chapter 2 Review of involuntary admission 26. Mental Health Review Board 27. Panel of independent consultant psychiatrists 28. Powers of review board 29. Provision of information to legal representatives 30. Referral to review board 31. Review by review board of involuntary admission order or renewal order 32. Appeal to Circuit Court 33. Transfer of person on application of person 34. Transfer of person by clinical director in certain circumstances 35. Transfer of involuntarily admitted person to Central Mental Hospital 36. Transfer to hospital or other place in certain circumstances 37. Power to detain voluntarily admitted person who fulfils criteria for involuntary admission 38. Absence with leave 39. Absence without leave 40. Discharge of admitted persons 41. Provision of information for persons admitted as voluntarily admitted person to registered acute mental health centre Chapter 3 Consent to treatment 42. Definitions (consent to treatment) 43. Consent to treatment to be obtained prior to treatment 44. Person’s consent to treatment 45. Capacity assessment 46. Treatment of persons lacking capacity to consent, or otherwise, under Chapter 3 47. Administration of treatment following admission 48. Application to Circuit Court in certain circumstances 49. Treatment without consent pending Circuit Court determination 50. Application to High Court for treatment order in certain circumstances 51. Electro-convulsive therapy Chapter 4 Restrictive practices 52. Interpretation (restrictive practices) 53. Seclusion 54. Mechanical restraint 55. Physical restraint 56. Pharmacological restraint 57. Application and recording of restrictive practices 58. Regulations concerning restrictive practices PART 4 Chapter 1 59. Treatment of child who is not the subject of care order 60. Application of Act of 1991 Chapter 2 Admission of children 61. Assessment of capacity of child aged 16 years or older to consent to admission, care and treatment 62. Voluntary admission of child under 16 years of age 63. Voluntary admission of child aged 16 years or older 64. Admission with parental consent of child aged 16 years or older lacking necessary capacity 65. Criteria for involuntary admission of child to registered acute mental health centre 66. Involuntary admission of child 67. Duration and renewal of involuntary admission order of child 68. Copy of order in respect of child to be sent to Commission 69. Appeal to Family Circuit Court 70. Discharge of involuntarily admitted children 71. Power to detain child 72. Notification to Agency 73. Powers of Garda Síochána to take child into custody in certain circumstances 74. Bringing of child subject of involuntary admission order to registered acute mental health centre 75. Provision of information for voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent 76. Provision of information for involuntarily admitted child 77. Right to information and attendance at meetings 78. Bringing of child other than child subject of involuntary admission order to registered acute mental health centre 79. Transfer of involuntarily admitted child to hospital or other place in certain circumstances 80. Transfer of child by clinical director in certain circumstances 81. Request for application for transfer of child 82. Absence with leave of child 83. Absence without leave of child Chapter 3 Consent to treatment for children 84. Consent to treatment for children to be obtained prior to treatment 85. Child’s consent to treatment 86. Treatment refusal by or on behalf of involuntarily admitted child 87. Application to Family High Court for treatment order for child in certain circumstances 88. Application to Family District Court for relevant treatment order Chapter 4 Prohibited and restrictive practices for children 89. Application (Chapter 4: Prohibited and restrictive practices for children) 90. Prohibition on administration of electro-convulsive therapy for children 91. Seclusion for children 92. Mechanical restraint for children 93. Physical restraint for children 94. Pharmacological restraint for children 95. Application and recording of restrictive practice on child 96. Regulations concerning restrictive practices on children 97. Notification of the application of a restrictive practice 98. Role of parent or guardian regarding application of restrictive practice PART 5 The Commission Chapter 1 Continuance in being and functions of Commission 99. Continuance in being of Commission 100. Functions of Commission Chapter 2 Board of Commission 101. Functions of Board 102. Membership of Board 103. Casual vacancies 104. Removal of member of Board 105. Removal of all members of Board from office 106. Meetings and procedures of Board 107. Committees of Board 108. Remuneration and expenses of members of Board and committees 109. Membership of either House of Oireachtas, European Parliament or local authority Chapter 3 Chief Executive Officer 110. Chief Executive Officer 111. Removal of Chief Executive Officer 112. Functions of Chief Executive Officer 113. Delegation of functions of Chief Executive Officer 114. Consultation by Chief Executive Officer with Board 115. Acting Chief Executive Officer Chapter 4 Staff of Commission and specialist advisers 116. Staff of Commission 117. Existing staff of Commission 118. Superannuation of staff of Commission 119. Amending superannuation scheme 120. Membership of either House of Oireachtas or European Parliament 121. Specialist advisers Chapter 5 Funding and accountability 122. Borrowing by Commission 123. Directions from Minister 124. Strategic plan 125. Annual business plan 126. Annual report 127. Reports, recommendations and information to Minister 128. Grants to Commission 129. Gifts 130. Accounts and audits of Commission 131. Accountability of Chief Executive Officer to Public Accounts Committee 132. Accountability of Chief Executive Officer to other Oireachtas committees 133. Prohibition on unauthorised disclosure of confidential information Chapter 6 Inspector, inspections and inquiries 134. Inspector of Mental Health Services 135. Functions of Chief Inspector 136. Acting Chief Inspector 137. Assistant Inspectors of Mental Health Services 138. Powers of inspectors 139. Duties of inspector when making an inspection 140. Inspection reports 141. Annual review and report of Chief Inspector 142. Inquiries 143. Penalty for obstruction of Inspector 144. Legal privilege PART 6 Regulation of Mental Health Services Chapter 1 145. Definition (Part 6) Chapter 2 Registration and application for registration of mental health services 146. Register of acute mental health centres 147. Register of community mental health centres 148. Register of community mental health services 149. Application for registration of acute mental health centres 150. Application for registration of community mental health centres 151. Application for registration of community mental health services 152. Carrying on of more than one registered mental health service 153. Grant or refusal of registration of acute mental health centres 154. Grant or refusal of registration of community mental health centres 155. Grant or refusal of registration of community mental health services 156. Renewal of registration 157. Representations 158. Duration of registration 159. Variation or addition of conditions 160. Application by registered mental health service to vary or remove condition 161. Removal of conditions by Commission 162. Suspension and revocation of registration 163. Appeals 164. Duty to display certification 165. Material amendment of registration 166. Duty to notify change in information 167. Requests by Commission for information Chapter 3 Registered proprietor, registered person, responsible person and clinical director 168. Registered proprietor 169. Delegation of functions of registered proprietor 170. Registered person 171. Responsible person 172. Clinical director Chapter 4 Compliance notice 173. Compliance notice Chapter 5 Closure, cancellation and taking charge 174. Commission may temporarily cancel registration without notice in certain circumstances 175. Application where risk to life or serious risk to health or welfare of persons in registered mental health service 176. Notification of temporary or permanent cancellation of registration to the Executive 177. Closure of registered mental health service 178. Taking charge of mental health service by Executive on cancellation of registration 179. Transfer of persons subject of order from registered acute mental health centre following closure 180. Transfer of persons other than those subject to order from registered acute mental health centre following closure 181. Cessation of mental health service Chapter 6 Regulations for registered mental health services 182. Regulations for registration, operation and management of mental health services 183. Regulations for registration, operation and management of mental health services for children PART 7 Chapter 1 Codes of practice, electronic signatures and care plans 184. Codes of practice 185. Use of advanced electronic signatures 186. Care plans for registered acute mental health centres 187. Care plans for children in registered acute mental health centres 188. Regulations concerning care plans Chapter 2 Data protection 189. Definitions (Chapter 2: data protection) 190. Processing of personal data and special categories of personal data 191. Regulations concerning data protection Chapter 3 Nominated persons and records to be maintained 192. Nominated persons 193. Nominated person for children aged 16 years or older 194. Records to be maintained for registered community mental health centres and registered community mental health services 195. Records to be maintained for registered acute mental health centres Chapter 4 Offences and penalties 196. Offences and penalties 197. Time limit where offence may be prosecuted in summary proceedings only 198. Liability for offences by body corporate 199. Offence of false or misleading information 200. Minister may prescribe fee Chapter 5 Legal aid 201. Definitions (Chapter 5: legal aid) 202. Application of Chapter 203. Panel of legal representatives and provision of legal aid 204. Criteria for granting legal aid for appeal 205. Relationship between legal representative and person in receipt of legal aid 206. Commission may request certain information in respect of legal representation 207. Regulations concerning legal aid PART 8 Amendment of Criminal Law (Insanity) Act 2006 208. Definition 209. Amendment of section 1 of Act of 2006 210. Amendment of section 3 of Act of 2006 211. Amendment of section 4 of Act of 2006 212. Amendment of section 5 of Act of 2006 213. Amendment of section 6 of Act of 2006 214. Amendment of section 8 of Act of 2006 215. Amendment of section 12 of Act of 2006 216. Amendment of section 13 of Act of 2006 217. Amendment of section 13A of Act of 2006 218. Amendment of section 13B of Act of 2006 219. Amendment of section 13C of Act of 2006 220. Amendment of section 14 of Act of 2006 221. Amendment of section 15 of Act of 2006 222. Amendment of section 16 of Act of 2006 223. Amendment of section 17 of Act of 2006 224. Amendment of Schedule 1 to Act of 2006 PART 9 Amendment of Act of 2015 225. Amendment of section 2 of Act of 2015 226. Amendment of section 36 of Act of 2015 227. Amendment of section 85 of Act of 2015 228. Amendment of section 98 of Act of 2015 229. Amendment of section 104 of Act of 2015 230. Amendment of section 106 of Act of 2015 231. Involuntarily admitted persons whose treatment is regulated by Chapter 3 of Part 3 of Act of 2026 PART 10 232. Amendment of Defence Act 1954 233. Amendment of Courts (Supplemental Provisions) Act 1961 234. Amendment of Coroners Act 1962 235. Amendment of Act of 1991 236. Amendment of Bail Act 1997 237. Amendment of Non-Fatal Offences against the Person Act 1997 238. Amendment of Taxes Consolidation Act 1997 239. Amendment of Education Act 1998 240. Amendment of Public Health (Tobacco) Act 2002 241. Amendment of Health Act 2004 242. Amendment of Social Welfare Consolidation Act 2005 243. Amendment of Health Act 2007 244. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 245. Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012 246. Amendment of Animal Health and Welfare Act 2013 247. Amendment of Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 248. Amendment of Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 249. Amendment of Family Courts Act 2024 PART 11 Transitional provisions Chapter 1 Transitional provisions: Act of 2001 250. Interpretation 251. Transitional provisions: admission and renewal orders for adults 252. Transitional provisions: involuntarily admitted adults 253. Transitional provisions: involuntary admission processes in being 254. Transitional provisions: admission to Central Mental Hospital 255. Transitional provisions: referral to and review by tribunal 256. Transitional provision: membership of tribunals 257. Transitional provisions: admission and renewal orders for children 258. Transitional provisions: involuntarily admitted children 259. Transitional provisions: involuntary admission of children processes in being 260. Transitional provisions: voluntarily admitted children 261. Transitional provisions: transfers of persons 262. Transitional provisions: absence with and without leave Chapter 2 Registration of services 263. Transitional provision: registration of services, general 264. Transitional provision: registration of services 265. Transitional provision: register of approved centres 266. Transitional provision: Inspector of Mental Health Services Chapter 3 267. Transitional provision: Service arrangements 268. Transitional provision: Superannuation schemes Animal Health and Welfare Act 2013 (No. 15) Assisted Decision-Making (Capacity) Act 2015 (No. 64) Bail Act 1997 (No. 16) Broadcasting Act 2009 (No. 18) Child Care Act 1991 (No. 17) Children Act 2001 (No. 24) Children and Family Relationships Act 2015 (No. 9) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Coroners Act 1962 (No. 9) Courts (Supplemental Provisions) Act 1961 (No. 39) Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (No. 3) Criminal Law (Insanity) Act 2006 (No. 11) Data Protection Act 2018 (No. 7) Defence Act 1954 (No. 18) Domestic Violence Act 2018 (No. 6) Education Act 1998 (No. 51) Electronic Commerce Act 2000 (No. 27) Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Family Courts Act 2024 (No. 48) Guardianship of Infants Act 1964 (No. 7) Health Act 2004 (No. 42) Health Act 2007 (No. 23) Health and Social Care Professionals Act 2005 (No. 27) Legal Services Regulation Act 2015 (No. 65) Local Government Act 2001 (No. 37) Medical Practitioners Act 2007 (No. 25) Mental Health (Amendment) Act 2018 (No. 10) Mental Health Act 2001 (No. 25) National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47) Non-Fatal Offences against the Person Act 1997 (No. 26) Nurses and Midwives Act 2011 (No. 41) Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (No. 10) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) Protected Disclosures Act 2014 (No. 14) Public Health (Tobacco) Act 2002 (No. 6) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Social Welfare Consolidation Act 2005 (No. 26) Taxes Consolidation Act 1997 (No. 39) 11 2026 MENTAL HEALTH ACT 2026 An Act to provide for the admission to, and discharge from, registered acute mental health centres, of adult persons in certain circumstances and, for the involuntary admission of adult persons who meet the criteria for involuntary admission to such centres; to provide for the criteria for, and review of, involuntary admission of adult persons to registered acute mental health centres; and, for those purposes, to provide for the establishment of mental health review boards; to provide for the care and treatment of adult persons in registered acute mental health centres and to provide that treatment, other than in certain limited circumstances, shall not be given to adult persons without consent being given for such treatment; to regulate the application, in certain limited circumstances, of restrictive practices in respect of adult persons who are admitted to registered acute mental health centres; to provide for the admission to and discharge from registered acute mental health centres of children on a voluntary basis and with parental consent; to provide for the involuntary admission to, and discharge from, registered acute mental health centres of children who meet the criteria for involuntary admission of children to registered acute mental health centres by way of application to the Family District Court or the District Court, as the case may be; to provide for the criteria for, and review of, involuntary admission of children to registered acute mental health centres; to provide for the treatment of children in registered acute mental health centres and to provide that treatment, other than in certain limited circumstances, shall not be given to children without consent being given for such treatment; to regulate the application, in certain limited circumstances, of restrictive practices and the prohibition on administration of electro convulsive therapy in respect of children who are admitted to registered acute mental health centres; to provide for applications to be made to court to provide for the entitlements of persons admitted to registered acute mental health centres; to provide for the continuation in being of the Mental Health Commission and the Inspector of Mental Health Services; to provide for the establishment and maintenance of a register of acute mental health centres, a register of community mental health centres and a register of community mental health services for such centres and services registered under and in accordance with this Act; to provide for the regulation of mental health services including registered acute mental health centres, registered community mental health centres and registered community mental health services; to provide for the monitoring and enforcement of compliance with the provisions of this Act by the Mental Health Commission; to repeal the Mental Health Act 2001 and certain other enactments; to provide for the amendment of the Assisted Decision-Making (Capacity) Act 2015 and certain other enactments; and to provide for related matters. th May , 2026] Be it enacted by the Oireachtas as follows: