The Mental Health (Regional Provision) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations provide for regional provision for the purposes of Parts 1 and 3 of the Mental Health (Wales) Measure 2010 (“the Measure”).

2.  Parts 1 and 3 of the Measure are disapplied in relation to all of the local authority areas listed in Schedule 1 to these Regulations (regulations 3(1) and 4(1)).

3.  Parts 1 and 3 of the Measure and so far as necessary, Parts 5 and 6 of the Measure are then applied in relation to the combined areas of the local authorities which are grouped together in column 1 of the table in Schedule 2 to these Regulations. The combined areas of these groups of local authorities are known as “regions” (regulations 3(2) and 4(2)).

4.  The local mental health partners for each region are assigned in column 2 of the table in Schedule 2 to these Regulations (regulations 3(3) and 4(3)).

5.  An exception is made to the disapplication and application of Part 1 of the Measure for the purposes of sections 6, 7 and 8. This exception means that regional provision does not apply for the purposes of sections 6, 7 and 8, except to the extent that those sections relate to a scheme for a region (as referred to in section 2(4) and (5) of the Measure) in sections 7(6) and 8(2) and (5) (regulation 3(4)).

6.  An exception is made to the disapplication and application of Part 3 of the Measure for the purposes of sections 19, 22 and 29. This exception means that regional provision does not apply for the purposes of sections 19, 22 and 29 to the extent that those sections relate to the entitlement of an adult to assessment, or the determination of an adult’s usual residence by local authority area for the purpose of establishing that adult’s entitlement to assessment (regulation 4(4)).

7.  A regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Mental Health Legislation Team, Department for Health, Social Services and Children, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.