Last Updated: 1 December 2016

[MH 2] Interpretation2 

2
(1) In this Act, unless the context otherwise requires—
accused person

means a person who is charged with a criminal offence or in respect of whom police or other official investigations with respect to a suspected offence are being conducted;

administer

in relation to treatment includes cause or knowingly permit the treatment to be administered;

adult

means a person aged 18 years or over;

Advisory Council

means the national advisory council on mental health established by section 10;

ambulance officer

or transport officer, in relation to the transport of a patient includes—

  • (a)a person employed by or on behalf of the State to carry out ambulance services; or
  • (b)persons defined as an ambulance officer under the National Ambulance Act 2010;
  • (c)if there is no person described in (a) or (b) available than a responsible member of the public;
approved

, in relation to a form or other matter, means approved in writing by the Permanent Secretary;

authorised health care professional

means a health care professional who is designated under section 14;

authorised medical practitioner

means a medical practitioner authorised in writing by the Permanent Secretary to exercise the functions of an authorised medical practitioner under this Act;

Board of Mental Health Visitors

means a Board of Mental Health Visitors established for a mental health facility under section 101;

child

means a person under the age of 14 years;

child guardian

means a person who has been appointed guardian of a child under any written law and includes—

  • (a)a person other than a parent of the child who has lawful custody of the child; and
  • (b)a person to whose care the child has been committed for the time being by a court;
community treatment order

means an order of a kind referred to in section 57;

Council

means the body established pursuant to section 10;

court

means a court of competent jurisdiction as defined in the Interpretation Act 1967;

detained person

means a person who is detained in a mental health facility pursuant to Part 4 or who is receiving involuntary inpatient treatment in a mental health facility pursuant to section 61;

ECT

means electro-convulsive therapy;

ECT inquiry

means an ECT administration inquiry or an ECT consent inquiry conducted pursuant to section 75;

estate

includes property as defined in the Interpretation Act 1967;

guardian

means—

  • (a)a person lawfully having charge of a child other than the parents; or
  • (b)a person to whose care a child has been committed even temporarily, by a person having authority over the child;

and guardianship has a corresponding meaning;

health care professional

for the purposes of this Act includes persons defined as a health professional in the Medical and Dental Practitioners Act 2010; a medical assistant and any other person declared by the Minister by order to be a health care professional for the purposes of this Act;

health facility

means—

  • (a)a hospital, health centre, nursing station or prison clinic; and
  • (b)any other place prescribed for the purposes of this definition by the Minister by order;
informed consent

means written consent give by a person freely and voluntarily on the basis of an informed explanation about the course of action or treatment given to the person in accordance with this Act;

inpatient

of a mental health facility means a person who is admitted to the facility for assessment or for care, support, treatment or protection and who has not left or been released from the facility;

inpatient treatment order

means an order of a kind referred to in section 61;

involuntary patient

means a patient who is not a voluntary patient and—

  • (a)includes a detained person in a mental health facility; but
  • (b)does not include a prisoner who does not have a mental disorder;
management order

means an order made by the court under section 108;

manager

means the person or persons appointed under a management order to manage the whole or a part of the affairs of a person with mental incapacity;

medical director

of a mental health facility—

  • (a)means the person designated or appointed as medical director of the facility under section 15; and
  • (b)includes an authorised health care professional to whom the relevant function has been delegated by the medical director of that facility under section 118(2);
medical practitioner

means a person defined as such and is registered in the Medical and Dental Practitioner Act 2010 and registered medical practitioner has a corresponding meaning;

mental disorder

means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgement or memory, motivation or emotion, whether or not the disturbance or defect is or is caused by—

  • (a)mental illness;
  • (b)personality disorder;
  • (c)dementia;
  • (d)intellectual disability; or
  • (e)substance abuse;
mental health facility

means a prison hospital or clinic; or an area declared under section 8 of this Act;

mental health hospital

means the premises described in section 8(1) and Part A of Schedule 1;

Mental Health Review Board

means the Mental Health Review Board established by section 95;

mental health unit

means premises listed in Part B of Schedule 1, section 87 in regards to Part 8 and any other premises so designated by the Permanent Secretary who may amend such designations from time to time;

mental health visitor

means a member of a Board of Mental Health Visitors or a person designated as a mental health visitor under section 101;

mental illness

means a condition that seriously impairs (either temporarily or permanently) the mental functioning of a person and is characterised by the presence in the person of any of the following symptoms—

  • (a)delusions;
  • (b)hallucinations;
  • (c)serious disorder of thought form;
  • (d)a severe disturbance of mood;
  • (e)severe motivational deficit;
  • (f)sustained or repeated irrational behaviour indicating the presence of the symptoms referred to above;
mental incapacity

, in relation to a person, means a mental disorder such that, because of the disorder, the person is unable to make or communicate reasonable judgements in respect of all or any of the matters relating to the person or the person’s circumstances or estate;

mentally disturbed

means a psychological or behavioural pattern that occurs in an individual and is thought to cause distress or disability that is not expected as part of normal development or culture which may result in the person being temporarily detained under this Act;

National Mental Health Advisor

means the person appointed to that post under section 13;

near relative

of a person includes a parent, brother, sister, child, grandparent, aunt, uncle or spouse of the person or other familiar person such as the step parents or half siblings;

outpatient

means a person who attends a mental health facility for examination, assessment or treatment but who is not an inpatient;

parent

means the parent who has care and control of a child or young person (or either parent if they have joint care and control), and includes a guardian;

patient

means a person who is—

  • (a)the subject of a medical examination, assessment or order under this Act;
  • (b)receiving treatment at a mental health facility either as an outpatient or an inpatient;
Permanent Secretary

means the permanent secretary responsible for health;

prescribed

means prescribed by regulations or an order made under section 119;

primary carer

in relation to any patient means the friend of the patient or the member of the patients family group who is most evidently and directly concerned with the oversight, administration or care and attention of the patient;

prisoner

means a person in custody following conviction for a criminal offence;

private facility

means a facility licenced as a private mental health facility under section 9;

public hospital

means a public hospital as defined in the Public Hospitals and Dispensaries Act 1955;

recommendation certificate

means a certificate given under section 24;

Review Board

means the Mental Health Review Board;

special medical treatment

means—

  • (a)any treatment, procedure, operation or examination that is intended, or is reasonably likely, to have the effect of rendering infertile the person on whom it is carried out; or
  • (b)any other kind of treatment declared by the Minister by order, on the advice of the Advisory Council, to be special medical treatment for the purposes of this Act;
surgical operation

means a surgical procedure, a series of related surgical operations or surgical procedures, but shall not apply to the administration of an anaesthetic for the purpose of medical investigation;

treatment team

means a treatment team as provided for by section 64;

voluntary patient

means—

  • (a)a person who has been admitted to a mental health facility under Part 3; or
  • (b)a person who has been re-classified as a voluntary patient under this Act; and
young person

means a person aged 14 or over but under 18.

(2) For the purposes of this Act, written consent includes consent evidenced by a thumbprint if the person giving it cannot write.