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Mental Health (Wales) Measure 2010

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This is the original version (as it was originally enacted).

6Duties to carry out primary mental health assessments: referrals for registered patients in primary care

This sectionnoteType=Explanatory Notes has no associated

(1)This section applies to an individual–

(a)who does not fall within any of the descriptions in section 8(1); and

(b)in respect of whom a relevant referral for the purposes of this section is made.

(2)A primary mental health assessment must be carried out in respect of the individual in accordance with section 9.

(3)A relevant referral for the purposes of this section means a request that an individual has a primary mental health assessment which meets the following conditions.

(4)The first condition is that the request is made by–

(a)a contractor with whom a general medical services contract has been entered into under section 42 of the National Health Service (Wales) Act 2006 by–

(i)the Local Health Board to which the request is made, or

(ii)where the request is made to a local authority, the Local Health Board which is the authority’s local mental health partner;

(b)a person with whom arrangements have been made under section 50 of that Act by–

(i)the Local Health Board to which the request is made, or

(ii)where the request is made to a local authority, the Local Health Board which is the authority’s local mental health partner; or

(c)a registered medical practitioner employed for the purposes of section 41 of that Act by–

(i)the Local Health Board to which the request is made, or

(ii)where the request is made to a local authority, the Local Health Board which is the authority’s local mental health partner.

(5)The second condition is that the individual in respect of whom the request is made is a registered patient of the contractor, person or practitioner making the referral.

(6)The third condition is that the request is made to a local mental health partner for the local authority area in which the individual is usually resident.

(7)For the purposes of this section and sections 7 and 8 a request is to be treated as made by 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, or a practitioner employed for the purposes of section 41 of that Act, if it is made with the contractor's, person’s or practitioner’s authority.

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