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Mental Health (Wales) Measure 2010

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7Duties to carry out primary mental health assessments: other primary care referralsW

This section has no associated Explanatory Notes

(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;

(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; or

(d)a registered medical practitioner providing services to prisoners under arrangements made between the registered medical practitioner and a person responsible for the provision or running of a contracted out prison (within the meaning of section 84(4) of the Criminal Justice Act 1991) in Wales.

(5)The second condition is that the request is made to a local mental health partner for the local authority area in which the contractor, person or practitioner carries on the majority of the contractor's, person's or practitioner's business or activities.

(6)The third condition is that the individual in respect of whom the request is made falls within a category specified in–

(a)regulations made by the Welsh Ministers; or

(b)the scheme for that local authority area under section 2(4)(c).

Commencement Information

I1S. 7 in force in so far as not already in force at 1.10.2012 by S.I. 2012/2411, art. 2(c)

I2S. 7 partly in force; s. 7 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55

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