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Mental Health (Wales) Measure 2010
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49Meaning of secondary mental health servicesW
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(1)Subject to the following provisions of this section, for the purposes of this Measure, a secondary mental health service is–
(a)a service in the form of treatment for an individual's mental disorder which is provided under Part 1 of the National Health Service (Wales) Act 2006;
(b)a service provided under section 117 of the Mental Health Act 1983;
(c)a community care service the main purpose of which is to meet a need related to an adult's mental health;
(d)a service provided for a child under [F1sections 37 to 39 and Part 6 of the Social Services and Well-being (Wales) Act 2014] the main purpose of which is to meet a need related to that child's mental health.
(2)For the purposes of subsection (1), a service is not to be taken as provided under Part 1 of the National Health Service (Wales) Act 2006 if it is provided under–
(a)section 41 of that Act;
(b)a general medical services contract entered into by a Local Health Board under section 42 of that Act;
(c)arrangements for the provision of primary medical services entered into by a Local Health Board under section 50 of that Act;
(d)Schedule 1 to that Act.
(3)A service in the form of treatment for an individual's mental disorder includes a service that, in the opinion of the person providing or making arrangements for the provision of the service, is intended to treat a mental disorder that the individual receiving the service is suspected to have.
(4)The Welsh Ministers may, by order –
(a)specify other services that are to be regarded as secondary mental health services for the purpose of any provision of this Measure;
(b)provide that services that would otherwise be regarded as secondary mental health services for the purpose of any provision of this Measure are not to be so regarded.
Textual Amendments
F1Words 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
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