Part X Miscellaneous and Supplementary
Miscellaneous provisions
130EF1Independent 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.