Mental Health (Wales) Measure 2010

• “primary care provider” (“darparydd gofal sylfaenol”) means a contractor under a general medical services contract entered into under section 42 of the National Health Service (Wales) Act 2006, a person with whom arrangements have been made under section 50 of that Act, a registered medical practitioner employed by a Local Health Board for the purposes of section 41 of that Act, and a registered medical practitioner providing services to prisoners under arrangements made between the registered medical practitioner and a person responsible for the provision or running of a contracted out prison (within the meaning of section 84(4) of the Criminal Justice Act 1991) in Wales;

• “primary mental health assessment” (“asesiad iechyd meddwl sylfaenol”) is an assessment under section 9;

• “registered patient” (“claf cofrestredig”) means–in relation to a contractor under a general medical services contract entered into under section 42 of the National Health Service (Wales) Act 2006, an individual–whom the contractor has accepted as a patient under regulations made under section 47(3)(a) of that Act, andin respect of whom the contractor has not terminated responsibility under regulations made under section 47(3)(c) of that Act;in relation to a person with whom arrangements have been made under section 50 of that Act, an individual–whom the person has accepted as a patient under regulations made under section 52(8)(a) of that Act, andin respect of whom the person has not terminated responsibility under regulations made under section 52(8)(c) of that Act;in relation to a registered medical practitioner employed by a Local Health Board for the purposes of section 41 of that Act, an individual falling within a category specified in regulations made by the Welsh Ministers;

• “secondary mental health services” (“gwasanaethau iechyd meddwl eilaidd”) has the meaning given by section 49;

• “treatment” (“triniaeth”) means treatment for mental disorder within the meaning of field 9 of Part 1 of Schedule 5 to the Government of Wales Act 2006.

• (2) For the purposes of this Measure, an individual is under the guardianship of a local authority in Wales if a local authority has, in respect of the individual, the powers in section 8(1) of the Mental Health Act 1983.

• (3) In this Measure any reference (however expressed) to a service being provided by a person includes a reference to a service being provided under arrangements made by the person.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) References in this Measure to a care coordinator are to be construed as references to a care coordinator acting on behalf of the mental health service provider who had responsibility for appointing the individual as care coordinator under section 14(1) or (3), unless the context otherwise requires.

Orders and regulations

52

• (1) Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

• (2) Any power of the Welsh Ministers to make an order or regulations under this Measure includes power–

• (a) to make different provision for different cases or classes of case, different areas or different purposes;

• (b) to make provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;

• (c) to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit.

• (3) Any statutory instrument containing regulations made under this Measure or an order under section 53(3)(b) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (4) Subsection (3) does not apply to regulations and orders to which subsections (5) and (6) apply.

• (5) A statutory instrument containing (alone or with other provisions)–

• (a) an order under section 49(4) or section 53(3)(a), or

• (b) regulations under section 7(6)(a), 23(1)(b), 23(2), 45 or 46,

must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

• (6) A statutory instrument containing (alone or with other provisions) the first regulations to be made under section 18(1)(c) or 18(8) must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

Consequential etc amendments

53

• (1) Schedule 1 has effect to make minor and consequential amendments in connection with Part 4.

• (2) The Welsh Ministers may by order make such provision as the Welsh Ministers consider appropriate for the general purposes, or any particular purposes, of this Measure, or in consequence of, or for giving full effect to, any provision made by this Measure or regulations under sections 45 and 46.

• (3) The provision that may be made in an order under subsection (2) includes provision to amend, repeal, revoke or modify the application of any provision of–

• (a) any Act of Parliament or Act or Measure of the National Assembly for Wales (including this Measure); and

• (b) subordinate legislation.

• (4) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Repeals

54

Schedule 2 has effect to make repeals in connection with Part 4.

Commencement

55

• (1) The provisions in subsection (2) come into force at the end of the period of two months beginning on the day on which this Measure is approved by Her Majesty in Council.

• (2) The provisions are–

• (a) those contained in this Part (other than in sections 53(1) and 54); and

• (b) any provision conferring power to make regulations or an order, to the extent that the provision confers such power.

• (3) The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order.

Short title

56

This Measure may be cited as the Mental Health (Wales) Measure 2010.

SCHEDULE 1

1

Amend the Mental Health Act 1983 as follows.

2

At the end of the title of section 130A insert “ : England ”.

3

In section 130A(1), (2) and (4) for “appropriate national authority” substitute “ Secretary of State ”.

4

For section 130C(2) substitute–

(2) A patient is a qualifying patient if he is– (a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England; (b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England; (c) a community patient and the responsible hospital is situated in England.

5

In section 130C(3) after “qualifying patient if” insert “ the patient is to be regarded as being in England for the purposes of this subsection and ”.

6

After section 130C(3) insert–

(3A) For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.

7

Omit section 130C(5) and (6).

8

In section 134(3A)(b)(i) after “130A” insert “ or section 130E ”.

SCHEDULE 2

Editorial notes

[^c2068037]: S. 7 partly in force; s. 7 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068069]: S. 15 partly in force; s. 15 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068070]: S. 16 partly in force; s. 16 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068071]: S. 18 partly in force; s. 18 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068072]: S. 23 partly in force; s. 23 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068073]: S. 26 partly in force; s. 26 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068076]: S. 31 partly in force; s. 31 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068077]: S. 32 partly in force; s. 32 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068080]: S. 33 partly in force; s. 33 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2068081]: S. 34 partly in force; s. 34 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

[^c2069037]: S. 53 partly in force; s. 53(2)-(4) in force at 15.2.2011 see s. 55

[^key-3ae35cd2169a8599480de3ccb5febbe6]: S. 31 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(a) (with art. 5)

[^key-b79ce5be17f7c589ed85f2eff767607c]: S. 32 in force in so far as not already in force at 3.1.2012 by S.I. 2011/3046, art. 2(b) (with art. 5)

[^key-06a487cd3f07ced1a307580a5b531b47]: S. 34 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(c) (with art. 5)

[^key-452646692ecd038baaabdcd54e3b9e06]: S. 35 in force at 3.1.2012 by S.I. 2011/3046, art. 2(d) (with art. 5)

[^key-1556274e1a8834df15bd8ac1a86d7463]: S. 37 in force at 3.1.2012 by S.I. 2011/3046, art. 2(e) (with art. 5)

[^key-f655b6f171a48eb6cd60bf22c0123371]: S. 39 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(f) (with art. 5)

[^key-cb44da43600c9c0aea4ece1f44e2fcb2]: S. 40 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(g) (with art. 5)

[^key-ae68e17b39098c5843efd7de2d4d39e7]: S. 44 in force at 3.1.2012 by S.I. 2011/3046, art. 2(h) (with art. 5)

[^key-2d2b2eab4964aca3b2fd4f746f75ec5a]: S. 53(1) in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(i) (with art. 5)

[^key-af93c4f2bc64ecf1285f2f9b1e7668ca]: S. 54 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(j) (with art. 5)

[^key-fdce7142865f6fb1d24a0eaac64797fd]: Sch. 1 para. 1 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-07fe8ee944361e17370ed34b70485069]: Sch. 1 para. 2 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-095d9cab13664e6be1dbd653082f7b9f]: Sch. 1 para. 3 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-0e8f86bcc2ebe40aed81cb315c2ec6cd]: Sch. 1 para. 4 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-7cbf2e621a881c13afb2cac8d0678dbe]: Sch. 1 para. 5 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-4c3b2383489245d7f98522a36d4a8e11]: Sch. 1 para. 6 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-8d8f88dad65512b12a66a143bc1b3d69]: Sch. 1 para. 7 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-a5a24fd8cff727834bf002554ed685f1]: Sch. 1 para. 8 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)

[^key-dcb33724189f43fe1e9c412bd21c3224]: Sch. 2 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(l) (with art. 5)

[^key-a03e6b9b5d9d83b4613fb1c0bd468db2]: S. 31 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(a) (with art. 5)

[^key-a565cc0b49bd4a3cb32b1a737aff7856]: S. 33 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(b) (with art. 5)

[^key-f864e5dfd6c38f6d2d82e6bc9aa06f63]: S. 34 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(c) (with art. 5)

[^key-94d5586fc309a8c4cada2024699f82c8]: S. 36 in force at 2.4.2012 by S.I. 2011/3046, art. 3(d) (with art. 5)

[^key-32f43b2dd270ba1f7d98e0a4680136f0]: S. 38 in force at 2.4.2012 by S.I. 2011/3046, art. 3(e) (with art. 5)

[^key-057ea7f12e47b8863aee1f78ad7939c9]: S. 39 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(f) (with art. 5)

[^key-d8643e5a81f0a8f96f27a1e35ffc1300]: S. 40 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(g) (with art. 5)

[^key-8ba2a180403a3db82920fcb7b5cda4c4]: S. 53(1) in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(h) (with art. 5)

[^key-c738ed179588d16af2bcb0b2e36c9933]: S. 54 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(i) (with art. 5)

[^key-4178b17c413987900532ea04569f2cd2]: Sch. 1 para. 1 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-2852f639ad9783ebbb29d475f9009b8e]: Sch. 1 para. 2 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-63fcb954fd6220368048818193fe35cc]: Sch. 1 para. 3 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-b60a47bbf011827123dbde5dfb189056]: Sch. 1 para. 4 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-611dea9926afc0952b30b9170435e8ec]: Sch. 1 para. 5 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-8622de587125f97b6144edd01d4ff3a3]: Sch. 1 para. 6 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-bb9c3da72e81a1b882d7a5a1cb1c0910]: Sch. 1 para. 7 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-682d251929f6a24229d1b9b7ef8830f5]: Sch. 1 para. 8 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)

[^key-8516bdb784ecdef6c5c6f955f1ee349b]: Sch. 2 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(k) (with art. 5)

[^key-bf4ae77cb6d924d3b751fc7161a5fdd8]: S. 1 in force at 8.5.2012 by S.I. 2011/3046, art. 4(a) (with art. 5)

[^key-2dcd2c4462f2f19851fee2582109c714]: S. 2 in force at 8.5.2012 by S.I. 2011/3046, art. 4(b) (with art. 5)

[^key-41c0239fb619420a101eab863f5f1802]: S. 4 in force at 8.5.2012 by S.I. 2011/3046, art. 4(c) (with art. 5)

[^key-7700244c130432bac99d068ac7f30d28]: S. 5 in force at 8.5.2012 by S.I. 2011/3046, art. 4(d) (with art. 5)

[^key-20723e179d61574faecb891da387facd]: S. 45 in force at 8.5.2012 by S.I. 2011/3046, art. 4(g) (with art. 5)

[^key-52a3d2665dedba8cc7ae27a2962edea6]: S. 15 in force in so far as not already in force at 6.6.2012 by S.I. 2012/1397, art. 2(d)

[^key-e26ba15a09f83a2c42dd4d87acf16df7]: S. 16 in force in so far as not already in force at 6.6.2012 by S.I. 2012/1397, art. 2(e)

[^key-db2b5f299dea46a4eeb1379793889085]: S. 17 in force for specified purposes at 6.6.2012 by S.I. 2012/1397, art. 2(f)

[^key-886338fad21c9878f717560e31597d06]: S. 18 in force for specified purposes at 6.6.2012 by S.I. 2012/1397, art. 2(g)

[^key-a19e3661765bf2419d2517154ac9ad2d]: S. 23 in force in so far as not already in force at 6.6.2012 by S.I. 2012/1397, art. 2(l)

[^key-149fca13732aafa3c1a11c83d474aea9]: S. 26 in force in so far as not already in force at 6.6.2012 by S.I. 2012/1397, art. 2(o)

[^key-61e365afaf606f82a211ff29b2a99506]: S. 29 in force in so far as not already in force at 6.6.2012 by S.I. 2012/1397, art. 2(r)

[^key-6193337f9978c75f8845688eba19dff8]: S. 41 in force at 6.6.2012 by S.I. 2012/1397, art. 2(t)

[^key-459655827614da473d8b17778fba156c]: S. 42 in force at 6.6.2012 by S.I. 2012/1397, art. 2(u)

[^key-d44093af04f551974e354b5c7659fb9b]: S. 46 in force in so far as not already in force at 6.6.2012 by S.I. 2012/1397, art. 2(w)

[^key-b42ed5d1cbd18c6e050c161b5bca8f64]: S. 47 in force at 6.6.2012 by S.I. 2012/1397, art. 2(x)

[^key-81287be7d4e8d1cb650a90a0733c30f0]: S. 17 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(g)

[^key-41ed8f4621a2e45bc9c07640ea025d57]: S. 18 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(h)

[^key-efdc7e5aced728a0745315f8c23d128b]: S. 41 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(i)

[^key-a128880786cf74f9e390c32324297205]: S. 42 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(j)

[^key-e34ad752e9f6933ac725e16b518adbe4]: S. 47 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(l)

[^key-3826114305459392965a1cac00b1b44e]: S. 7 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(c)

[^key-2fd98faa0c908225a3e7462cef0eeb04]: Words in s. 50(1)(a) substituted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 19; S.I. 2015/1272, art. 2, Sch. para. 53

[^key-ddb4a6417fa4614ef999bb2ee0cbb64c]: S. 11 repealed (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 30; S.I. 2016/86, art. 3

[^key-3abb979258d47f46a9a3bd16cde669ff]: S. 2(2A) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 29; S.I. 2016/86, art. 3

[^key-14308717a87a6109aa51e7c36952947d]: Words in s 5(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), reg. 281(a)

[^key-a68fc4ca631d7554f60a79ad64f27d99]: Words in s 5(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), reg. 281(b)

[^key-94f8e2e006763f94257651efdf975fab]: Words in s. 9(3)(d) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 282

[^key-2d5c9f76e300e1e4e27b6fe6578eb8a0]: S. 43 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 283

[^key-0b029dc2a611265d13254994f3a5d070]: Words in s. 49(1)(d) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 284

[^key-e8e2ba55868121afff6faf1aab202006]: Definition "community care services" in s. 51(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 285(a)

[^key-5e83085a3152459303a5f0311b260697]: S. 51(4) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 285(b)

[^key-f207eb657a7efe926df3b6a5ef4221ad]: Words in s. 2(2A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 7