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19 1945

MENTAL TREATMENT ACT, 1945

Chapter III.

Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders.

Application for and making of temporary chargeable patient reception order.

184. —(1) Where it is desired to have a person received and detained as a temporary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which temporary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, application may be made in the prescribed form to the person in charge of such institution for an order (in this Act referred to as a temporary chargeable patient reception order) to have such person received and detained as a temporary patient and as a chargeable patient in such institution.

(2) An application under this section may be made—

(a) by the husband or wife or a relative of the person to whom the application relates, or

(b) at the request of the husband or wife or a relative of the person to whom the application relates, by the appropriate assistance officer, or

(c) subject to the provisions of the next following sub-section, by any other person.

(3) Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates or, at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.

(4) An application under this section shall be accompanied by a certificate in the prescribed form of the authorised medical officer certifying that he has examined the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either—

(a) that such person—

(i) is suffering from mental illness, and

(ii) requires, 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) that such person—

(i) is an addict, and

(ii) requires, for his recovery, at least six months' preventive and curative treatment.

(5) After consideration of an application for a temporary chargeable patient reception order and of the certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form.

Application for and making of temporary private patient reception order.

185. —(1) Where it is desired to have a person received and detained in an approved institution as a temporary patient and as a private patient, application may be made in the prescribed form to the person in charge of the institution for an order (in this Act referred to as a temporary private patient reception order) to have such person received and detained as a temporary patient and as a private patient in such institution.

(2) An application under this section may be made—

(a) by the husband or wife or a relative of the person to whom the application relates, or

(b) subject to the provisions of the next following sub-section, by any other person.

(3) Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made.

(4) An application under this section shall be accompanied by a certificate in the prescribed form signed by two registered medical practitioners certifying that each of them has examined separately the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either—

(a) that such person—

(i) is suffering from mental illness, and

(ii) requires, 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) that such person—

(i) is an addict, and

(ii) requires, for his recovery, at least six months' preventive and curative treatment.

(5) A certificate under the next preceding sub-section shall not be given by a registered medical practitioner who is—

(a) the person in charge of the approved institution in which the person in respect of whom the certificate is given is to be received, or

(b) a person in the employment of the person in charge of such institution, or

(c) a person having an interest in such institution.

(6) After consideration of an application for a temporary private patient reception order and of the medical certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form.

Effect of temporary chargeable patient reception order or temporary private patient reception order.

186. —(1) Where a temporary chargeable patient reception order or a temporary private patient reception order is made, the following provisions shall have effect:—

(a) the applicant for the order or any person authorised by him may, not later than seven days after the date on which the order is made, take the person to whom the order relates and convey him to the approved institution mentioned in the order;

(b) any of the persons specified in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until the expiration of a period of six months from the date on which the order is made or his earlier removal or discharge by proper authority or death and, in case of his escape, retake him within twenty-eight days thereafter (but not after the expiration of the said period of six months) and complete the detention aforesaid.

(2) The persons entitled to receive, take charge of, and retake a person under this section shall be the person in charge of the approved institution mentioned in the relevant reception order and his officers, assistants, and servants and any medical officer of such institution.

Payment of cost of conveyance of chargeable patient upon making of temporary chargeable patient reception order.

187. —(1) The appropriate assistance officer shall defray the reasonable expenses of the conveyance of the person to whom a temporary chargeable patient reception order relates to the approved institution mentioned in the order.

(2) Expenses defrayed under this section shall be recoverable under the Public Assistance Act, 1939 (No. 27 of 1939), by the public assistance authority concerned as if the expenses represented the cost of public assistance within the meaning of that Act given by such authority to the person conveyed.

Co-operation in removal upon making of temporary chargeable patient reception order.

188. —The mental hospital authority maintaining a district mental hospital mentioned in a temporary chargeable patient reception order may co-operate with the applicant for the order, or with any relative or guardian of the person to whom the order relates, in making arrangements for the removal of such person to the hospital.

Extension of period of detention of temporary patient.

189. —(1) Where the chief medical officer of an approved institution becomes of opinion that a person detained in the institution under a temporary chargeable patient reception order or a temporary private patient reception order will not have recovered on the expiration of the period during which, pursuant to paragraph (b) of sub-section (1) of section 186 of this Act, he may be detained—

(a) the person in charge of the institution may request the Minister to extend the said period,

(b) where such request is made, the Minister, if he so thinks fit, may by order extend the said period by a further period not exceeding six months or by a series of orders extend it by further periods none of which shall exceed six months and the aggregate of which shall not exceed eighteen months,

(c) where the Minister makes any such order or orders, paragraph (b) of sub-section (1) of section 186 of this Act shall have effect subject to the extension of the said period effected by such order or orders.

(2) In sub-section (1) of this section, the reference to a chief medical officer shall, where the relevant approved institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person detained.