(LRC Revised)

Number 25 of 2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 23 June 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Mental Health Act 2001

. It is prepared by the

Law Reform Commission in accordance with its function under the

Law Reform Commission

Act 1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Air Pollution (Amendment) Act 2026

(14/2026), enacted 18 June 2026, and all statutory instruments up to

and including the

Child Care Act 1991 (Section 35L (3)) (Prescribed Classes) Regulations 2026

(S.I. No. 288 of 2026), made 23 June 2026, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

25

of

2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 23 June 2026

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title,

collective citation, construction and commencement.

2.

Interpretation.

2A.

Exigencies of

public health emergency.

(Ceased)

3.

“Mental

disorder”.

4.

Best

interests, etc., of person.

4A.

Guiding

principles in respect of children.

5.

Regulations.

6.

Repeals.

7.

Expenses.

PART 2

Involuntary admission of persons to approved centres

8.

Criteria for

involuntary admission to approved centres.

9.

Persons who

may apply for involuntary admission.

10.

Making of

recommendation for involuntary admission.

11.

Disclosure

of previous application for involuntary admission.

12.

Powers of

Garda Síochána to take person believed to be suffering from

mental disorder into custody.

13.

Removal of

persons to approved centres.

14.

Admission

order.

15.

Duration and

renewal of admission orders.

16.

Provision of

information for persons admitted to approved centres.

17.

Referral of

admission order and renewal order to a tribunal.

18.

Review by a

tribunal of admission orders and renewal orders.

19.

Appeal to

Circuit Court.

20.

Application

for transfer of patient.

21.

Transfer of

patient.

22.

Transfer of

patient to hospital.

23.

Power to

prevent voluntary patient from leaving approved centre.

24.

Power to

detain voluntary patients.

25.

Involuntary

admission of children.

26.

Absence with

leave.

27.

Absence

without leave.

28.

Discharge of

patients.

29.

Voluntary

admission to approved centres.

30.

Penalties

under

Part 2

.

PART 3

Independent Review of Detention

31.

Establishment day.

32.

Establishment of Mental Health Commission.

33.

Functions

of Commission.

34.

Conferral

of additional functions on Commission.

35.

Membership

of Commission.

36.

Terms of

office of members of Commission.

37.

Chairperson

of Commission.

38.

Chief

Executive of Commission.

39.

Staff of

Commission.

40.

Superannuation of staff of Commission.

41.

Borrowing

by Commission.

42.

Reports and

information to Minister.

43.

Membership

of either House of Oireachtas or European Parliament.

44.

Grants to

Commission.

45.

Gifts.

46.

Seal of

Commission.

47.

Accounts

and audits of Commission.

48.

Mental

Health Tribunals.

49.

Powers of

tribunals.

50.

Inspector

of Mental Health Services.

51.

Functions

of Inspector.

52.

Duties of

Inspector when making inspection.

53.

Penalty for

obstruction of Inspector.

54.

Assistant

Inspectors of Mental Health Services.

55.

Inquiries.

PART 4

Consent to Treatment

56.

Definition

(

Part 4

).

57.

Treatment

not requiring consent.

58.

Psycho-surgery.

59.

Electro-convulsive therapy.

60.

Administration of medicine.

61.

Treatment of

children in respect of whom an order under

section 25

is in force.

PART 5

Approved Centres

62.

Definitions

(

Part 5

).

63.

Prohibition

of unregistered centres.

64.

Registration

of approved centres.

65.

Appeals.

66.

Regulations

in relation to approved centres.

67.

Restriction

on admission of patients.

68.

Penalties

under

Part 5

.

PART 6

Miscellaneous

69.

Bodily

restraint and seclusion.

70.

Participation in clinical trials.

71.

Clinical

directors.

71A.

Removal of

persons and bringing back of patients to approved centres by authorised

persons or by relevant persons.

72.

Transitional

provisions.

73.

Leave of

High Court for certain proceedings.

74.

Provisions

in relation to offences.

75.

Review of

operation of Act.

SCHEDULE

Enactments Repealed

Acts

Referred To

Adoption Acts, 1952 to 1998

Child Care Act, 1991

1991, No. 17

Comptroller and Auditor General (Amendment) Act,

1993

1993, No. 8

Control of Clinical Trials Act, 1987

1987, No. 28

Domestic Violence Act, 1996

1996, No. 1

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Health Act, 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act,

1999

1999, No. 13

Health (Mental Services) Act, 1981

1981, No. 17

Mental Treatment Act, 1945

1945, No. 19

Mental Treatment Act, 1953

1953, No. 35

Mental Treatment Act, 1961

1961, No. 7

Mental Treatment (Detention in Approved Institutions) Act,

1961

1961, No. 4

Nurses Act, 1985

1985, No. 18

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Number

25

of

2001

MENTAL HEALTH ACT 2001

REVISED

Updated to 23 June 2026

AN ACT TO PROVIDE FOR THE

INVOLUNTARY ADMISSION TO APPROVED CENTRES OF PERSONS SUFFERING FROM MENTAL DISORDERS,

TO

PROVIDE FOR THE INDEPENDENT REVIEW OF THE INVOLUNTARY ADMISSION OF SUCH PERSONS AND,

FOR

THOSE PURPOSES, TO PROVIDE FOR THE ESTABLISHMENT OF A MENTAL HEALTH COMMISSION AND

THE

APPOINTMENT OF MENTAL HEALTH COMMISSION TRIBUNALS AND AN INSPECTOR OF MENTAL HEALTH

SERVICES, TO REPEAL IN PART THE MENTAL TREATMENT ACT, 1945, AND TO PROVIDE FOR RELATED

MATTERS. [8

th July

, 2001]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

Annotations

Amendments

F1

Act repealed by

Mental

Health Act 2026

(11/2026), s. 5(a), not commenced as of date of revision,

subject to transitional provisions in ss. 99(2), 251-268.

Modifications (not altering

text)

C1

Prospective affecting

provision: Act repealed by

Mental Health Act 2026

(11/2026), s. 5, not

commenced as of date of revision, subject to transitional provisions in ss. 99(2),

251-268.

C2

Application of Act extended (26.04.2023) by

Assisted Decision-Making

(Capacity) Act 2015

(64/2015), s. 106, S.I. No. 192 of 2023, art. 2(i).

Detention-related

safeguards

106.

Where an issue

arises in the course of an application to the court or the High Court under this

Act, or otherwise in connection with the operation of this Act, as to whether a

person who lacks capacity is suffering from a mental disorder, the procedures

provided for under the Act of 2001 shall be followed as respects any proposal to

detain that person.

C3

Functions under collectively cited

Mental Health Acts 1945 to

2001

transferred and specified bodies dissolved (1.01.2005) by

Health

Act 2004

(42/2004), ss. 58, 59 and sch. 3, item 3, S.I. No. 885 of 2004,

subject to transitional provisions in s. 74 and sch. 5, item 2(k).

Dissolution of health

boards and other specified bodies.

58.

—The

specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of

specified bodies to Executive.

59.

—(1) The

functions that, immediately before the establishment day, were the functions of a

specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an

enactment referred to in Schedule 3 , or a provision of an instrument made under

such enactment, does not come into effect until on or after the establishment day,

a function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3) The functions

transferred by this Act to the Executive include the functions specified in any

enactment referred to in Schedule 3 as a function of the following

(

a

) the chief executive

officer of a health board;

(

b

) the Regional Chief

Executive of the Eastern Regional Health Authority;

(

c

) the area chief

executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions

and References to Functional Areas

Section 59 and 67.

...

3.

—Mental

Health Acts 1945 to 2001

...

Annotations

Amendments

F1

Act repealed by

Mental

Health Act 2026

(11/2026), s. 5(a), not commenced as of date of revision,

subject to transitional provisions in ss. 99(2), 251-268.

Modifications (not altering

text)

C1

Prospective affecting

provision: Act repealed by

Mental Health Act 2026

(11/2026), s. 5, not

commenced as of date of revision, subject to transitional provisions in ss. 99(2),

251-268.

C2

Application of Act extended (26.04.2023) by

Assisted Decision-Making

(Capacity) Act 2015

(64/2015), s. 106, S.I. No. 192 of 2023, art. 2(i).

Detention-related

safeguards

106.

Where an issue

arises in the course of an application to the court or the High Court under this

Act, or otherwise in connection with the operation of this Act, as to whether a

person who lacks capacity is suffering from a mental disorder, the procedures

provided for under the Act of 2001 shall be followed as respects any proposal to

detain that person.

C3

Functions under collectively cited

Mental Health Acts 1945 to

2001

transferred and specified bodies dissolved (1.01.2005) by

Health

Act 2004

(42/2004), ss. 58, 59 and sch. 3, item 3, S.I. No. 885 of 2004,

subject to transitional provisions in s. 74 and sch. 5, item 2(k).

Dissolution of health

boards and other specified bodies.

58.

—The

specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of

specified bodies to Executive.

59.

—(1) The

functions that, immediately before the establishment day, were the functions of a

specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an

enactment referred to in Schedule 3 , or a provision of an instrument made under

such enactment, does not come into effect until on or after the establishment day,

a function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3) The functions

transferred by this Act to the Executive include the functions specified in any

enactment referred to in Schedule 3 as a function of the following

(

a

) the chief executive

officer of a health board;

(

b

) the Regional Chief

Executive of the Eastern Regional Health Authority;

(

c

) the area chief

executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions

and References to Functional Areas

Section 59 and 67.

...

3.

—Mental

Health Acts 1945 to 2001

...