Mental Health (Wales) Measure 2010

10 Action following a primary mental health assessment

(1) Where a primary mental health assessment identifies under section 9(1)(b) services which might improve, or prevent a deterioration in, an individual’s mental health, the local mental health partner which carried out the assessment must–

(a) if the partner considers that it would be the responsible authority for providing any of the services, decide whether or not the provision of any of those services is called for; and

(b) if the partner considers that it would not be the responsible authority for providing any of the services, make a referral to the person whom the partner considers would be the responsible authority for providing those services.

(2) A referral under subsection (1)(b) must inform the recipient that–

(a) the local mental health partner making the referral has identified services which it considers might improve, or prevent a deterioration in, the individual’s mental health; and

(b) that the partner considers that the recipient would be the responsible authority for providing those services.

(3) A person to whom a referral has been made must decide whether the provision of any of the services to which the referral relates is called for.

(4) In this section “responsible authority” means the person who would be responsible for providing services if a decision were made to provide the services.

(5) Nothing in this section requires or authorises a referral to be made to a responsible authority constituted, or acting exclusively, for an area wholly within England.