S.I. No. 68/2016 - Mental Health (Amendment) Act 2015 (Commencement) Order 2016.

1. This Order may be cited as the Mental Health (Amendment) Act 2015 (Commencement) Order 2016.

2. The 15th day of February 2016 is appointed as the day on which the

Mental Health (Amendment) Act 2015

(No. 58 of 2015) shall come into operation.

GIVEN under my Official Seal,

14 February 2016.

LEO VARADKAR,

Minister for Health.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order will commence the

Mental Health (Amendment) Act 2015

(No. 58 of 2015) with effect from 15 February 2016. The effect of this Order will be to amend

sections 59

and

60

of the

Mental Health Act 2001

by the deletion of the words “or unwilling” from both sections. These amendments will ensure that when a person with capacity refuses Electro-convulsive Therapy (ECT) under section 59 or medicine (after 3 months) under

section 60

of the

Mental Health Act 2001

, these decisions will be respected.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th February

, 2016.

I, LEO VARADKAR, Minister for Health, in exercise of the powers conferred on me by

section 4

(2) of the

Mental Health (Amendment) Act 2015

(No. 58 of 2015), hereby order as follows