The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Health (Wales) Measure 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)The local mental health partners for a local authority area must take all reasonable steps to agree a scheme–
(a)which identifies the treatment which is to be made available for that area for the purposes of this Part (“local primary mental health treatment”); and
(b)for securing the provision for that area of the services, including local primary mental health treatment, described in section 5 (“local primary mental health support services”).
(2)If a scheme is agreed, the partners must ensure that it is recorded in writing.
(3)A scheme must identify the extent to which each of the partners is to be responsible for providing local primary mental health support services.
(4)A scheme may provide that–
(a)one of the partners is to be responsible for providing all local primary mental health support services for the local authority area;
(b)primary mental health assessments are to be made available in respect of all or particular descriptions of the individuals described in section 8(1);
(c)primary mental health assessments are to be carried out in respect of particular categories of individual who would not otherwise be entitled to an assessment.
(5)If a scheme makes provision under subsection (4)(b), it must also provide for particular descriptions of staff working in secondary mental health services to be able to refer an individual referred to in that subsection for a primary mental health assessment.
(6)The partners may alter a scheme (including a scheme determined by the Welsh Ministers under section 4 and a scheme which has already been altered) if they agree the alterations.
(7)If a scheme is altered under subsection (6), the partners must ensure that the alterations are recorded in writing.
(1)Unless section 4(1)(a) applies, the local mental health partners for a local authority area must provide local primary mental health support services in accordance with–
(a)a scheme for their area agreed under section 2; or
(b)a scheme for their area determined by the Welsh Ministers under section 4.
(2)If a scheme has been altered under section 2(6) or 4(2) the services must be provided in accordance with the altered scheme.
(1)If the local mental health partners for an area cannot agree a scheme under section 2–
(a)for so long as there is no agreement, the Local Health Board must decide what local primary mental health treatment is to be made available in the local authority area in question and is responsible for providing local primary mental health support services for that area;
(b)the Local Health Board must inform the Welsh Ministers that agreement cannot be reached;
(c)the Welsh Ministers may determine a scheme and, if they do, must record it in writing.
(2)If one partner wishes to alter a scheme, but the other does not, the scheme may, upon a request being made to the Welsh Ministers by either partner, be altered by the Welsh Ministers to such extent as the Welsh Ministers think fit.
(3)If the Welsh Ministers alter a scheme under subsection (2), they must record the alterations in writing.
(1)Local primary mental health support services are the following–
(a)the carrying out of primary mental health assessments in accordance with the following provisions of this Part;
(b)the provision for an individual, following a primary mental health assessment, of the local primary mental health treatment identified by the assessment as being treatment which might improve or prevent a deterioration in the individual's mental health;
(c)the making of referrals as described in section 10, following a primary mental health assessment, concerning other services the provision of which might improve or prevent a deterioration in the assessed individual's mental health;
(d)the provision of information, advice and other assistance to primary care providers to meet the providers' reasonable requirements for such information, advice and other assistance for the purpose of improving the services related to mental health which they provide or arrange;
(e)the provision for patients and their carers of information and advice about the services available to them, to meet their reasonable requirements for such information and advice.
(2)In subsection (1)(e)–
“carers” (“gofalwyr”) means members of the families of patients, and friends of patients, who are involved in their care and in the case of a patient who is a child, includes the child's local authority foster parent (within the meaning of section 22C(12) of the Children Act 1989);
“patients” (“cleifion”) means individuals who have, or may have, a mental disorder;
“services” (“gwasanaethau”) means–
secondary mental health services;
community care services (not being secondary mental health services);
services provided under Part III of the Children Act 1989 (not being secondary mental health services);
housing or well-being services; and
education or training which may be beneficial to a patient's mental health.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: