IE
Mental Health Act 2026
Table of Provisions (268)
Statutory Text (268 Articles)
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
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
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
27. Panel of independent consultant psychiatrists
29. Provision of information to legal representatives
31. Review by review board of involuntary admission order or renewal order
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
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
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)
57. Application and recording of restrictive practices
58. Regulations concerning restrictive practices
PART 4
Children
Chapter 1
General
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
67. Duration and renewal of involuntary admission order of child
68. Copy of order in respect of child to be sent to Commission
70. Discharge of involuntarily admitted children
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
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
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
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
105. Removal of all members of Board from office
106. Meetings and procedures 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
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
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
127. Reports, recommendations and information to Minister
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
137. Assistant Inspectors of Mental Health Services
139. Duties of inspector when making an inspection
141. Annual review and report of Chief Inspector
143. Penalty for obstruction of Inspector
144. Legal privilege
PART 6
Regulation of Mental Health Services
Chapter 1
Definition
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
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
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
169. Delegation of functions of registered proprietor
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
Miscellaneous
Chapter 1
Codes of practice, electronic signatures and care plans
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
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
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)
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
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
Consequential Amendments to Other Acts
232. Amendment of Defence Act 1954
233. Amendment of Courts (Supplemental Provisions) Act 1961
234. Amendment of Coroners Act 1962
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
242. Amendment of Social Welfare Consolidation Act 2005
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
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
Miscellaneous
267. Transitional provision: Service arrangements
268. Transitional provision: Superannuation schemes
Acts Referred to
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)
Mental Health Acts 1945 to 2001
Mental Health Acts 1945 to 2009
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)
Number
11
of
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.
[7
th May
, 2026]
Be it enacted by the Oireachtas as follows