H. (J.) v. Russel, Clinical Director of Cavan General Hospital

Almost twelve years ago Costello P. in giving judgment in R.T. v. Director of Central Mental Hospital [1995] 2 I.R. 65 said, at p. 81, the following:-

(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�

(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."

ss. (2) provides for the contents of the relevant notice. The reference to the Commission is a reference to the second named notice party which is established by the 2001 Act and plays an independent role in relation to aspects of the operation of that Act.