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Mental Health (Wales) Measure 2010

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31Independent mental health advocates: Wales

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After section 130D of the Mental Health Act 1983 insert–

130EIndependent mental health advocates: Wales

(1)The Welsh Ministers shall make such arrangements as they consider reasonable to enable persons (“independent mental health advocates”) to be available to help–

(a)Welsh qualifying compulsory patients; and

(b)Welsh qualifying informal patients.

(2)The Welsh Ministers may by regulations make provision as to the appointment of persons as independent mental health advocates.

(3)The regulations may, in particular, provide–

(a)that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;

(b)for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.

(4)In making arrangements under this section, the Welsh Ministers shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who–

(a)is professionally concerned with the patient’s medical treatment; or

(b)falls within a description specified in regulations made by the Welsh Ministers.

(5)For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient’s medical treatment merely because he is representing him in accordance with arrangements–

(a)under section 35 of the Mental Capacity Act 2005; or

(b)of a description specified in regulations under this section.

(6)Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.

(7)Regulations under this section and sections 130F to 130H–

(a)may make different provision for different cases;

(b)may make provision which applies subject to specified exceptions;

(c)may include transitional, consequential, incidental or supplemental provision.

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