PART V

Miscellaneous

46. —(1) No civil proceedings shall be instituted in respect of an act purporting to have been done in pursuance of this Act save by leave of the High Court and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the person against whom the proceedings are to be brought acted in bad faith or without reasonable care.

(2) Notice of an application for leave of the High Court under subsection (1) shall be given to the person against whom it is proposed to institute the proceedings and that person shall be entitled to be heard against the application.

(3) Where proceedings are, by leave granted in pursuance of subsection (1), instituted in respect of an act purporting to have been done in pursuance of this Act, the court shall not determine the proceedings in favour of the plaintiff unless it is satisfied that the defendant acted in bad faith or without reasonable care.

47. —Nothing in this Act shall affect any jurisdiction exercisable immediately before the commencement of this section by a Judge of the High Court or a Judge of the Circuit Court in connection with the care and protection of persons and the estates of persons found to be mentally disordered.

48. —Where a registered medical practitioner carries out a medical examination under section 19 of a person with full or limited eligibility for health services under the Health Act, 1970 , the health board shall pay to the registered medical practitioner a fee of such amount as the Minister may authorise following consultation with the Minister for the Public Service.

49. —(1) Where, immediately before the commencement of this section, a person was, under the Mental Treatment Acts, 1945 to 1966, detained as a temporary patient or a person of unsound mind, he shall be regarded as having been received and detained under this Act in the psychiatric centre in which he is detained at such commencement.

(2) (a) In the case of a temporary patient, his treatment and detention shall be regarded as authorised for a period not exceeding 3 months after the commencement of this section.

(b) In the case of a person of unsound mind, his treatment and detention shall be regarded as authorised for a period not exceeding 12 months after such commencement.

(3) Where, immediately before the commencement of this section, a person was a voluntary patient under Part XV of the Mental Treatment Act, 1945 , he shall be regarded as a person admitted voluntarily for care and treatment in the psychiatric centre in which he is a patient at such commencement.

50. —(1) Nothing in this Act shall affect any power exercisable immediately before the commencement of this section under any enactment specified in subsection (2) and no power, restriction or prohibition contained in this Act shall apply in relation to a person detained under any such specified enactment.

(2) The specified enactments are—

(a) sections 17 and 18 of the Lunacy (Ireland) Act, 1821;

(b) sections 2 and 3 of the Criminal Lunatics (Ireland) Act, 1838;

(c) section 12 of the Central Criminal Lunatic Asylum (Ireland) Act, 1845;

(d) sections 12 and 13 of the Lunatic Asylums (Ireland) Act, 1875;

(e) section 91 of the Army Act, 1881;

(f) section 2 of the Trial of Lunatics Act, 1883;

(g) section 17 of the Criminal Justice Administration Act, 1914;

(h) sections 202 and 203 of the Defence Act, 1954 .